A Practical Guide for Tenants & Landlords Dear Friend: This booklet is designed to inform tenants and landlords about their rights and responsibilities in rental relationships. It serves as a useful reference—complete with the following: › An in-depth discussion about rental-housing law in an easy-to-read question- and-answer format; › Important timelines that outline the eviction process and recovering or keeping a security deposit; › A sample lease, sublease, roommate agreement, lead-based paint disclosure form, and inventory checklist; › Sample letters about repair and maintenance, termination of occupancy, and notice of forwarding address; and › Approved court forms. Whether you are a tenant or a landlord, when you sign a lease agreement, you sign a contract. You are contractually obligated to perform certain duties and assume certain responsibilities. You are also granted certain rights and protections under the lease agreement. Rental-housing law is complex. I am grateful to the faculty and students of the MSU College of Law Housing Law Clinic for their detailed work and assistance in compiling the information for this booklet. Owners of mobile-home parks, owners of mobile homes who rent spaces in the parks, and renters of mobile homes may have additional rights and duties. Also, landlords and renters of subsidized housing may have additional rights and duties. It is my pleasure to provide this information to you. I hope that you find it useful.

MSU College of Law Housing Law Clinic (517) 336-8088, Option 2 [email protected] www.law.msu.edu/clinics/rhc

This informational booklet is intended only as a guide— it is not a substitute for the services of an attorney and is not a substitute for competent legal advice.

Note: Content accurate at time of printing. Table of Contents Creating and Terminating Tenancies and Understanding the Lease

A. THE TENANCY Q1 What are the types of tenancies? ...... 3 Q2 Are there advantages and disadvantages to the different types of tenancies? ...... 4

B. THE LEASE Q1 Are there advantages to a written lease? ...... 4 Q2 What provisions should be included in the lease? ...... 4 Q3 What provisions are prohibited by law from being included in the lease? ...... 5 Q4 What if the lease contains a provision that is prohibited by law or is missing the required disclosure language? ...... 5 Q5 What other provisions can be included in the lease? ...... 5 Q6 How can a lease be terminated? ...... 6 Q7 Are there other termination rights under the law for those in special circumstances? . . . . . 6 Q8 What does “joint and several liability” mean? ...... 6 Q9 Can a landlord raise the rent once the lease has started? ...... 6

The Security Deposit A. COLLECTING THE SECURITY DEPOSIT AT THE BEGINNING OF THE TENANCY Q1 Is there a limit on the amount that a landlord may collect as a security deposit? ...... 7 Q2 What exactly is considered a security deposit? ...... 7 Q3 Is there a difference between a fee and a deposit? ...... 7 Q4 Once collected, what must the landlord do with the security deposit? ...... 8 Q5 Whose money is it anyway? ...... 8 Q6 What rights and responsibilities does the landlord have with regard to the tenant’s security deposit? ...... 8 Q7 What is the point of the inventory checklist? ...... 8 Q8 Is it important to properly complete the inventory checklist? ...... 8

B. RECOVERING THE SECURITY DEPOSIT AT THE END OF THE TENANCY Q1 What must the TENANT do at the end of the lease? ...... 8 Q2 What must the LANDLORD do at the end of the lease? ...... 9 Q3 What must the tenant do when he or she receives the itemized list of damages? ...... 9 Q4 What must the landlord do once he or she receives notice of the tenant’s dispute of the itemized list of damages? ...... 9 Q5 Who must file suit—the landlord or the tenant—for the security deposit? ...... 9 Q6 If the landlord fails to follow the law as to a security deposit and has to return all of it, can the landlord still sue the tenant? ...... 9

C. SECURITY DEPOSIT TIMELINE 10

Subleasing Q1 Does the landlord have to agree to the sublease? ...... 11 Q2 If the tenant is to sublease, what exactly can be subleased? ...... 11 Q3 What duties does the original tenant have when subleasing? ...... 11 Q4 What about the security deposit? ...... 12 Q5 What if the subtenant stops paying rent? ...... 12 Q6 Can the original tenant be released from the obligations under the lease? ...... 12

Eviction Proceedings A. STARTING THE EVICTION PROCESS—BEFORE GOING TO COURT Q1 What lawful reason(s) must be given to evict a tenant? ...... 13 Q2 If one roommate moves out and stops paying rent, can the other tenant(s) be evicted? . . . . 13 Q3 What is proper notice of eviction and how important is it? ...... 13 Q4 How much notice must be given to the tenant before the landlord may file suit? ...... 14 Q5 Once the proper notice is prepared, how must it be delivered to the tenant? ...... 14

(Rev. 10/2020) Table of Contents (continued) Eviction Proceedings (continued) B. TAKING THE ACTION TO COURT Q1 What must the landlord do to begin a lawsuit for eviction? ...... 14 Q2 What must the tenant do after receiving the Complaint? ...... 15 Q3 What happens if the tenant fails to appear and answer after receiving the Complaint? . . . . 16 Q4 Once a lawsuit is started, can the parties still try to negotiate or mediate an agreement? . . . 16 Q5 If the parties reach an agreement, do they still have to appear in court? ...... 16 Q6 What possible defenses to a lawsuit for eviction might a tenant have? ...... 16 Q7 What can the parties expect to see happen at trial? ...... 17 Q8 If the landlord wins the lawsuit for eviction, how soon can the tenant and his/her personal property be removed? ...... 17 Q9 Can the tenant be evicted and still forced to pay money damages to the landlord? ...... 17

C. EVICTION TIMELINE 18

Mediation The Mediation Process ...... 20 Community Mediation Centers in Michigan ...... 21

Small Claims Court Q1 What is a small claims lawsuit? ...... 23 Q2 Why not try mediation before starting a lawsuit? ...... 23 Q3 How does a lawsuit begin? ...... 23 Q4 What happens when you are sued in Small Claims Court? ...... 24 Q5 How do I prepare for the hearing? ...... 24 Q6 What happens at the hearing? ...... 25 Q7 If you win, how do you collect your money? ...... 25

Repair and Maintenance A. RESPONSIBILITIES ARE SHARED WHEN MAINTAINING A RENTAL PROPERTY Q1 What are the landlord’s responsibilities? ...... 26 Q2 What are the tenant’s responsibilities? ...... 27

B. IMPORTANT STEPS TO TAKE IN SOLVING THE PROBLEM(S) Step 1: Notify the landlord and provide reasonable time for repair ...... 27 Step 2: Contact the building inspector and schedule an inspection ...... 27 Step 3: If the landlord has failed to make necessary repairs, either withhold the rent and deposit it into an escrow account OR pay for the repair and deduct the cost from the rent . . . 27 Q1 How much rent should be withheld? ...... 28 Q2 What if the tenant lawfully withholds rent and the landlord starts the eviction process? . . . 28

Additional Considerations Civil Rights ...... 29 Housing Codes, Smoke Detectors ...... 29 Pet Restrictions ...... 29 Smoking ...... 29 Lead-Based Paint ...... 29 Medical Marijuana ...... 30 Bed Bugs ...... 30

Appendices ...... 31 Sample Residential Lease Agreement ...... 32 Sample Residential Sublease Agreement ...... 37 Sample Roommate Agreement ...... 38 Sample Lead-Based Paint Disclosure Form ...... 40 Sample Inventory Checklist ...... 41 Samples of Tenant’s Letters to Landlord ...... 43 Samples of Landlord’s Letters to Tenant ...... 48 Approved Court Forms ...... 50

Prepared by the Michigan Legislature This information is provided free to Michigan citizens and may not be reproduced for resale or profit. Creating and Terminating Tenancies and Understanding the Lease

Read the lease. Read the lease. Read the an attorney and is not a substitute for lease. When most people hear the term “lease” competent legal advice.” they think of the long sheets of paper written › The references to Michigan statutes are in very small type that they sign when they to the Michigan Compiled Laws (MCL), agree to move in and rent an apartment or which may be accessed on the house. A lease contains a variety of legal Legislature’s website, terms. It is important to recognize and know www.legislature.mi.gov. the following terms of a lease and to › The Michigan Court Rules (MCR) may be understand the substance of the agreement. accessed on the Michigan Supreme ■ Landlord: The party agreeing to transfer Court’s website, www.courts.mi.gov. possession and use of the rental property, › Michigan Attorney General opinions may usually the owner (but may also include an be accessed at www.mi.gov/ag. agent or employee of the owner, or a › The Michigan Administrative Code may management company). be accessed at www.mi.gov/lara. ■ Tenant: The party taking possession › The references to federal statutes are to and use of the rental property from the the United States Code (USC), which may landlord under a lease. A tenant’s right to be accessed at https://uscode.house.gov. possession and use is called a tenancy or › The Code of Federal Regulations (CFR) leasehold. may be accessed at www.ecfr.gov/cgi-bin/ ■ Lease (or Rental Agreement): The ECFR. contract between the tenant and landlord, ■ Plaintiff: A person who files a civil action transferring possession and use of the rental to seek judicial relief for some injury or property. (See sample Residential Lease damage caused in violation of his or her rights. Agreement, page 32.) A lease can be written or ■ Defendant: A person against whom relief oral, but a written lease provides the best or recovery is sought in a civil action. protection for both the landlord and the tenant. ■ Joint and Several Liability: If more than A. THE TENANCY one person signs the lease as a tenant, the lease may state that their obligations are “joint Q1 What are the types of tenancies? and several.” This means that each person is responsible not only for his or her individual While the lease refers to the written (or obligations, but also for the obligations of all oral) agreement, the “tenancy” refers to the other tenants. This includes paying rent and actual property right a tenant receives under performing all other terms of the lease. the lease. When the owner conveys to another ■ lesser interest in the property for a term less Escrow Account: A bank account or than that of the owner’s for valuable other account held by a third party, generally consideration (generally rent), thereby granting established in the name of the tenant, into another use and enjoyment of his or her which whole or partial rent payments are property during the period stipulated, that deposited to show that the tenant was ready, creates a tenancy. In Michigan, there are willing, and able to pay the rent—but is three types of tenancies: withholding the rent until a certain problem is fixed that the landlord is legally responsible ■ Fixed-Term Tenancy: This type of tenancy for fixing. Once the problem is fixed, the is created when the lease agreement specifies escrowed rent amount will be released to the when the tenancy begins and when it ends. landlord. It terminates automatically at the end of the period specified. Generally, a written lease There are references to statutes, court provides that if a tenant holds over after the rules, Attorney General opinions, and executive fixed term expires, the tenancy shall be branch agency rules and regulations, both considered a month-to-month tenancy. On the federal and state, in this book. These are other hand, if the lease does not so provide, available from several sources, in libraries and and the parties acquiesce—i.e., the tenant online, including those that follow. “This stays in possession and the landlord accepts informational booklet is intended only as a the rent—the lease is considered renewed for guide – it is not a substitute for the services of the same fixed term upon the same conditions.

3 ■ Periodic Tenancy OR Tenancy at Will: always put in writing. Sometimes it is nothing This type of tenancy is indefinite in duration. It is more than an oral agreement as to the move-in created by actual or implied consent. Usually a and move-out dates, the address of the rental month-to-month tenancy, the lease is considered property itself, and the amount of the rent and renewed at the end of each rental period (month- when it must be paid. However, if the lease to-month or week-to-week, depending upon how agreement is for a period of more than one often rent must be paid). Termination procedure year, an oral lease is not an option—it must be is governed by statute and requires notice. put in writing to comply with the Statute of ■ Tenancy at Sufferance OR Holdover Frauds (MCL 566.106, 566.108, 566.132). Tenancy: This type of tenancy is created by Whether there is a fixed-term tenancy or a operation of law only. A tenant holds periodic tenancy, it is best to have a written possession after his or her legal right to record of the rental agreement. A written possession has ended (oftentimes based on record is a permanent record that may be used landlord’s failure to act). The person is just for reference if misunderstandings arise—and short of being considered a trespasser. The they do. In the absence of a written lease, elements: (a) the tenant entered into signed by both the landlord and the tenant, it’s possession lawfully, (b) the tenant’s legal right advisable to keep a personal written record of to possession has ended, and (c) the tenant the agreement. remains without the landlord’s consent. Q2 What provisions should be included in the lease? Q2 Are there advantages and disadvantages The Michigan Truth in Renting Act to the different types of tenancies? (MCL 554.631 to 554.641) regulates residential Fixed-Term Tenancy leases, other than very simple leases. The act Advantages. The advantage to the tenant is does not apply if a lease only includes that the rental period is fixed and the rental 1) The identities of the parties; amount is stable; the landlord may not regain 2) A description of the premises; possession or raise the rent, with few 3) The rental period; exceptions. The advantage to the landlord is 4) The total rental amount due; that the tenant is committed to pay rent for a 5) The amount of rental payments; and specified period of time; the tenant is bound 6) The times at which payments are due by the lease terms, with few exceptions. (MCL 554.632). Disadvantages. The disadvantage to the tenant is that he or she is bound by the lease For all other leases to which it applies, the term and may not simply move without Truth in Renting Act requires the landlord to remaining liable for the rent, permitting fewer disclose certain information. Leases differ changes in arrangements. The disadvantage to somewhat in terms, but items that the parties the landlord is that he or she is stuck with the may wish to include in a written lease tenant until the lease term ends. agreement are: Periodic Tenancy OR Tenancy at Will 1) Name and signature of the landlord; Advantages. The advantage to the tenant is 2) Name and signature of the tenant; that he or she is free from any further 3) Rent amount to be paid, how frequently, obligation once proper notice of termination is and when and where it is to be paid; given to the landlord—different housing 4) Address of the rental property; arrangements can be made more quickly. The 5) Starting and ending dates if it is a fixed- same advantage is true for the landlord; he or term tenancy; she may decide to no longer rent to the tenant 6) Landlord’s mailing address (this must be if the same proper notice is given. included); Disadvantages. The disadvantage to the 7) Amount of any security deposit (if there tenant is that the landlord, with proper notice, is a security deposit, 7, 8, and 9 must be can also raise rent. The disadvantage to the provided in writing somehow, and may landlord is that he or she is not provided with be included in the lease – see “The any certainty as to how long the tenant will Security Deposit”); remain. 8) Name and address of the financial institution holding the security deposit; 9) Notice of the tenant’s obligation to provide a forwarding address to the B. THE LEASE landlord within 4 days of terminating the tenancy; Q1 Are there advantages to a written 10) Who is responsible for paying utilities; 11) Repair and maintenance responsibilities; lease? 12) Eviction procedures; Although it is common for tenants to sign 13) Any other terms and conditions that some type of written agreement, a lease is not the landlord and tenant agreed to; and

4 14) This statement must be provided in a provision, unless that amount is prominent place in the lease, in at least determined by the court; a 12-point font size: 10) Waives or alters a party’s right with “NOTICE: Michigan law establishes respect to possession or eviction rights and obligations for parties to proceedings; rental agreements. This agreement is 11) Releases a party from the duty to required to comply with the Truth in mitigate (or minimize) damages; Renting Act. If you have a question 12) Provides that the landlord may alter a about the interpretation or legality of lease provision after the lease begins a provision of this agreement, you without the tenant’s written consent, may want to seek assistance from a EXCEPT lawyer or other qualified person.” with 30 days’ written notice, the (MCL 554.634). landlord may make the following types of adjustments, as long as there is a Note: Two copies of an inventory checklist clause in the lease allowing for the must be provided to the tenant when he or adjustments: she takes possession of the rental property. › Changes required by federal, state, or (See sample Inventory Checklist, page 41.) local law, rule, or regulation; › Changes in rules relating to the property meant to protect health, Q3 What provisions are prohibited by law safety, and peaceful enjoyment; and from being included in the lease? › Changes in the amount of rental For leases to which it applies, the Michigan payments to cover additional costs Truth in Renting Act prohibits certain clauses incurred by the landlord because of or provisions and prescribes penalties. A increases in property taxes, increases provision or clause in a lease that violates the in utilities, and increases in property Truth in Renting Act is void. In particular, insurance premiums. under MCL 554.633, a written lease may not include a provision that: 13) Violates the Consumer Protection Act 1) Waives or alters a remedy available to a (MCL 445.901 to 445.922) which lists party when the rental property is in a multiple unfair trade practices; or condition that violates the covenants of 14) Requires the tenant to give the landlord fitness and habitability; a power of attorney. 2) Waives a right established under the laws that regulate security deposits; 3) Unlawfully excludes or discriminates Q4 What if the lease contains a provision against a person in violation of the laws that is prohibited by law or is missing relating to civil rights; the required disclosure language? 4) Provides for a confession of judgment and/or warrant of attorney, e.g., A provision or clause in a lease that requiring a person to give up certain violates the Truth in Renting Act is void. The legal rights in advance; lease is not void—only the prohibited 5) Relieves the landlord from liability for provision. However, a landlord may fix the the landlord’s failure to perform a duty prohibited provision or add the required or for negligent performance of a duty disclosure language within 20 days after the imposed by law (however, the tenant brings the deficiency to the landlord’s landlord’s duty could be waived to the attention in writing (MCL 554.635). If the extent a tenant was able to recover landlord fails to fix it within the time specified, under an insurance policy for loss, the tenant may bring an action to: damage, or injury caused by fire or  other casualty); 1) Void the entire lease agreement and 6) Waives or alters a party’s right to terminate the tenancy; demand a jury trial or any other right 2) Make the landlord remove the of notice or procedure required by law; prohibited provision from, or change 7) Provides that a party is liable for legal the provision in, all lease agreements in cost or attorney fees incurred by the which it is included or add a required other party in excess of costs or fees provision; and specifically permitted by statute; 3) Recover $250 per action (for prohibited 8) Provides for the landlord to take a provisions) or $500 per action (for security interest in any of the tenant’s missing disclosure provisions required personal property to assure payment of by law), or actual damages, whichever rent or other charges, except as is greater (MCL 554.636). specifically permitted by statute; 9) Provides that rental payments may be accelerated if the tenant violates a lease

5 Q5 What other provisions can be included subsidized by a federal, state, or local government program, OR in the lease? 2) Tenant becomes incapable of living As long as a provision or clause does not independently, as certified by a violate federal, state, or local laws, regulations, physician in a notarized statement. rules, or ordinances, the parties can agree to (MCL 554.601a) almost anything and include it in the lease. It ■ can be as trivial as stating, “Only blue cars can Domestic Abuse, Sexual Assault, or be parked in the driveway.” Some special Stalking Victims: Michigan law (MCL 554.601b) provisions to be aware of include: provides for early termination for tenants or their children who are victims of domestic ■ Smoking: A landlord is free to prohibit violence, sexual assault, or stalking. The smoking in the rental property, as this would requirements of this section are quite detailed. not violate any state, federal, or local laws. See The assistance of a knowledgeable attorney, also “Additional Considerations.” sexual assault or domestic violence counselor, ■ Pet Restrictions: A landlord may prohibit or other similar professional is recommended. all pets in a rental unit. A landlord may charge a ■ Members of the Military: Under federal fee for having a pet. An exception here is that a law, if you enter active military service after landlord may not prohibit a disabled individual signing a lease, you have a right to break the relying on a service animal from housing the lease (50 USC 3955). This section contains animal. See also “Additional Considerations.” other provisions that might apply under extraordinary circumstances. Q6 How can a lease be terminated? ■ Constructive Eviction: If your living Fixed-Term Tenancy environment becomes uninhabitable and your This type of tenancy is created when the landlord fails to provide suitable housing under lease agreement specifies when the tenancy state or local law, a court might determine that begins and when it ends. It terminates the landlord has “constructively evicted” you by automatically at the end of the period providing unlivable housing. In such a case you, specified. A fixed-term lease ends on its own the tenant, may have no further responsibility to without further action. However, many leases pay rent. This is another situation in which the include the provision that the lease converts assistance of a lawyer is highly recommended. to a month-to-month tenancy at the end of the fixed term. Other leases state a sky-high Q8 What does “joint and several liability” increase in rent—sometimes double—if the mean? tenant stays beyond the fixed term. If more than one person signs the lease as Periodic Tenancy OR Tenancy at Will a tenant, the lease may state that tenants’ This type of tenancy is indefinite in obligations are “joint and several.” This means duration. It is created by actual or implied that each person is responsible not only for consent. Usually a month-to-month tenancy, the his or her individual obligations but also for lease is considered renewed at the end of each the obligations of all other tenants. This rental period (month-to-month or week-to-week, includes paying rent and performing all other depending on how often rent must be paid). terms of the lease. Termination procedure is governed by statute and requires notice. Q9 Can a landlord raise the rent once the lease has started? Q7 Are there other termination rights Generally, the landlord may not alter a under the law for those in special lease provision after the lease begins without circumstances? the tenant’s written consent. There are, of Yes. For example: course, exceptions to this. With 30 days written notice, the landlord may make the ■ Senior Citizens or Those Incapable of following types of adjustments, as long as Independent Living: Lease agreements there is a clause in the lease allowing for the entered into, renewed, or renegotiated after adjustments: June 15, 1995, must provide special termination 1) Changes required by federal, state, or rights for senior citizens and persons incapable local law, rule, or regulation; of independent living. These leases must allow 2) Changes in rules relating to the the tenant who has already occupied a rental property meant to protect health, safety, and peaceful enjoyment; and unit for more than 13 months to terminate the 3) Changes in the amount of rental lease with 60 days written notice if either of payments to cover additional costs the following occurs: incurred by the landlord because of 1) Tenant becomes eligible to move into a increases in property taxes, increases rental unit in senior-citizen housing in utilities, and increases in property insurance premiums.

6 The Security Deposit

Security deposits are regulated by what is Q2 What exactly is considered a security commonly referred to as the Landlord and Tenant Relationship Act (MCL 554.601 to deposit? 554.616). The security deposit is an amount of Any prepayment of rent—other than for the money paid by the tenant to the landlord other first full rental payment period established in than the first rent payment (for whatever the lease—and any refundable fee or deposit period is established in the lease: weekly rent are considered by law to be part of the payment, monthly rent payment, semiannual security deposit. rent payment, and so on). The security deposit Sometimes the lease requires that both the remains the tenant’s property, but is held by first and last months’ rent be paid before a the landlord for the term of the lease to ensure tenant moves in. If this is the case, the last that the tenant pays the rent due, pays the month’s rent would be considered a security utility bills, and returns the rented property in deposit. Additional fees or deposits may also proper condition, as required by the lease. It is be charged to hold the rental property to run held as security as the name implies. credit checks, for pets, for cleaning, for keys, Once the lease is terminated, the tenant for mailboxes, for storage, and for other has the right to have the entire security reasons. While these fees or deposits may not deposit returned unless the landlord can be called “security deposits” in the lease, if substantiate a claim to it because the tenant: they are otherwise refundable, they are still 1) Owes unpaid rent; considered by law to be part of the security 2) Owes unpaid utility bills; OR deposit and subject to the strict rules that 3) Caused damage to the rented property Michigan has adopted—including the limit on beyond reasonable wear and tear the total amount that a landlord may collect (MCL 554.607). (MCL 554.601). Under Michigan law, both a tenant and a landlord have duties and must perform specific Q3 Is there a difference between a fee acts regarding the security deposit. and a deposit? Understanding the duties and taking action are Yes. The law defines the term “security crucial. The law requires mandatory notice deposit” and limits the amount that may be provisions, written communications, mailings, collected (not to exceed 1.5 times the monthly and strict compliance with time limits. If the rent). Refundable fees are deemed—by duties are not performed precisely, the tenant definition—to be security deposits. risks losing the return of his or her security Nonrefundable fees are not; and they can be deposit and the landlord risks losing a claim to assessed in any amount for any reason. it. This chapter explains the duties and the However, sometimes a court will impose a necessary actions that must be taken. general concept of “reasonableness” in determining whether a particular fee amount may be charged, such as with late rent fees. A. COLLECTING THE SECURITY DEPOSIT AT THE BEGINNING Example: The monthly rent is $500 and the lease calls for a $750 security deposit. OF THE TENANCY In addition to the security deposit, the lease calls for a $100 refundable snow Q1 Is there a limit on the amount removal fee for “removing snow from any common area” and a nonrefundable that a landlord may collect as a $250 community fee for “costs of landlord- security deposit? sponsored social events and common-area Yes. The law states that a security deposit snow removal.” Because the $100 snow removal fee is refundable, it would be shall not exceed 1.5 times the monthly rent considered part of the security deposit and (MCL 554.602). violate Michigan law because the amount collected for a security deposit would Example: If a landlord charges $500 a exceed the 1.5 times monthly rent limit. month for rental property, the maximum The nonrefundable $250 fee violates the landlord may collect as a security Michigan law because it covers a matter also covered by a refundable fee. If the deposit is $750 ($500 x 1.5 = $750).

7 lease, instead, required a nonrefundable 3) The tenant’s obligation to provide a snow removal fee and a nonrefundable forwarding address—in writing—within community fee for “cost of landlord- 4 days after the tenant moves out sponsored social events,” it would, absent (MCL 554.603). other contrary or confusing lease terms, Generally these notices are found in the be allowed. Nonrefundable fees in any lease itself. amount may be charged as long as the tenant accepts them by undertaking the Q7 What is the point of the inventory tenancy. checklist? The checklist preserves some proof of the Q4 Once collected, what must the landlord condition of the property when the tenant moved in. The landlord must provide the do with the security deposit? tenant at move-in with 2 identical blank copies The landlord must either: of an inventory checklist, referencing all items 1) Deposit the money with a regulated in the rental unit that belong to the landlord. financial institution (for example, a The landlord must provide written notice on bank or credit union), OR the first page of the checklist that the tenant 2) Deposit a cash bond or surety bond, to must properly complete the checklist, noting secure the entire deposit, with the the condition of the property, and return it to Secretary of State. (Note: If the landlord the landlord within 7 days after moving in, does this, he or she may use the money unless the landlord and tenant agree to a at any time, for any purpose.) The bond period of time shorter than 7 days ensures that there is money available to (MCL 554.608). (See sample on page 41) repay the tenant’s security deposit Note: The tenant may request a copy of the (MCL 554.604). termination inventory checklist (generally referred to as the itemized list of damages) for Q5 Whose money is it anyway? the previous tenant. If requested, the landlord The security deposit is considered the must provide a copy to the tenant. lawful property of the tenant, until the landlord establishes a right to it (MCL 554.605). Q8 Is it important to properly complete If the landlord sells the rental property, he the inventory checklist? or she remains liable with respect to the Yes. The checklist preserves some proof of tenant’s security deposit until any ONE of the the condition of the property when the tenant following occurs: moves in. If the tenant fails to note on the 1) The landlord returns the deposit to the checklist existing damages, things that do not tenant, OR work, or things that are missing, or fails to 2) The landlord transfers the deposit to return it at all, and a dispute over damages to the new owner and sends notice—by the property occurs at the end of the lease, it mail—to the tenant informing him or may be very difficult for the tenant to convince her of the new owner’s name and a court that the property was damaged, did not address, OR work, or was missing when the tenant moved in. 3) The new owner deposits the money with a regulated financial institution or Note: Take photos or video recordings of deposits a bond as discussed in the answer to Q4 (MCL 554.614). the rental unit, regardless of being a landlord or tenant. Q6 What rights and responsibilities does the landlord have with regard to the tenant’s security deposit? B. RECOVERING THE SECURITY The landlord must provide the tenant with DEPOSIT AT THE END OF certain notices. Within 14 days from the day the tenant moves in, the landlord must provide THE TENANCY written notice of the following: 1) The landlord’s name and address for Q1 What must the TENANT do at the end receipt of communications regarding the tenancy; AND of the lease? 2) The name and address of the financial The tenant MUST provide his or her institution where the security deposit is forwarding address—in writing—to the held, OR the name and address of the landlord within 4 days of moving out. Calling surety company and who filed the bond or telling the landlord, or landlord’s agent, with the Secretary of State; AND won’t do. While the landlord must inform a

8 tenant of this at the beginning of the lease, all 2) Commence an action in court for a too often a tenant may forget to do this when money judgment for damages that he or he or she moves out. Without a forwarding she claimed against the tenant’s address, the landlord has no duty to make security deposit, which the tenant arrangements for returning the deposit. disputes. (MCL 554.613) (MCL 554.611. Michigan Attorney General Opinion No. 5160, released January 6, 1978) If Remember, the security deposit remains the forwarding address is provided within the the tenant’s property until the landlord 4 days, the landlord has 30 days from move- perfects a claim to it—either by agreement or out to respond. by court order. If the landlord and tenant cannot agree and if the landlord goes to court, he or she MUST prove that the tenant is Q2 What must the LANDLORD do at the actually responsible for the damages. end of the lease? If the landlord receives the tenant’s Q5 Who must file suit—the landlord or the forwarding address within 4 days of move-out, tenant—for the security deposit? the landlord has 30 days from move-out to either: Either the landlord or the tenant can be 1) Return the entire amount of the deposit the plaintiff in a security deposit suit. by check or money order, OR The landlord may file suit within 45 days 2) Send—by mail—an itemized list of from termination of occupancy. If both the damages lawfully assessed against the tenant and the landlord have followed the deposit and a check or money order for security deposit timeline perfectly and there the remaining balance of the deposit (if still remains a dispute on the amount of any). damages assessed against the tenant’s security The itemized list must also contain the deposit, the landlord MUST file suit to retain the following notice: “You must respond to this deposit. If the landlord does not file suit, he or notice by mail within 7 days after receipt of she may be liable to the tenant for double the same. Otherwise you will forfeit the amount amount of the security deposit retained. claimed for damages.” (MCL 554.609, 554.610) (MCL 554.613) (See example on page 49) The tenant may be required to file suit in certain circumstances. The burden of filing suit Q3 What must the tenant do when he or shifts to the tenant if: 1) The tenant failed to provide his or her she receives the itemized list of forwarding address in writing within damages? 4 days of terminating occupancy; OR If the tenant disputes any of the items 2) The tenant failed to respond—by mail— on the itemized list, the tenant MUST to the itemized list of damages within respond—in detail, by mail—within 7 days of 7 days of receiving it; OR his or her receipt of that list. (MCL 554.612) 3) The landlord failed to return the “Responding in detail” means giving reasons tenant’s deposit after receiving the why the tenant disputes each item of damage tenant’s response disputing the amount and the amount assessed against the security assessed against it. deposit, and why the tenant should not be responsible. Simply making a blanket statement that the tenant does not agree will not do; the Q6 If the landlord fails to follow the law tenant must address each item on the list as to a security deposit and has to return individually. The tenant’s detailed response all of it, can the landlord still sue the must be sent to the landlord by mail. tenant? Yes. It is important for tenants to Q4 What must the landlord do once he or understand that these procedures relate to she receives notice of the tenant’s only a security deposit. What is known as the dispute of the itemized list of “common law” still gives a landlord the right to sue and recover any unpaid rent or utilities that damages? the tenant owes, or for damages or more than If the tenant disputes all or part of the usual wear and tear to the premises. It may be itemized list of damages, the landlord is left more difficult for the landlord to recover money with two choices: from a tenant without the security of a security 1) Negotiate or mediate an agreement in deposit, but the landlord’s efforts may make life writing with the tenant; OR unpleasant for the tenant.

9 C. Security Deposit Timeline

Security Deposit Landlord’s Duties Tenant’s Duties Beginning of Lease A security deposit, if required, shall not The security deposit is the lawful (generally move-in) exceed 1.5 times the monthly rent. property of the tenant. MCL 554.602, 554.604, 554.605, Deposit tenant’s security deposit in a Recommendation: Read the lease 554.608(2) regulated financial institution OR file a (preferably before signing it) and all surety bond with the state. other information provided to you Provide tenant: by the landlord. Request from the 1. A copy of the lease, and landlord the inventory checklist and/ 2. Two blank copies of the inventory or itemized list of damage report checklist. from previous tenancy.

Within 7 days from move-in Recommendation: Keep tenant’s Return to landlord the completed (landlord and tenant may agree to completed checklist. inventory checklist, noting condition a shorter period, but not a longer of rental unit (add pages if period) necessary); be sure to keep a copy MCL 554.608(3) yourself.

Within 14 days from move-in Provide tenant in writing: Recommendation: Read the MCL 554.603 1. Landlord’s name and address for information provided to you by the receipt of rent and communications; landlord. and 2. Where tenant’s security deposit will be held (name and address of the financial institution or surety bond company). 3. Include specific statutory notice of tenant’s duty to provide forwarding address within 4 days of move-out. Move-out Complete a termination inventory Recommendation: Remove all (not necessarily the end of the checklist, noting condition of rental personal property, clean the rental lease) unit. unit, and turn in keys. MCL 554.608(5)

Within 4 days after move-out Recommendation: Keep a copy of Provide landlord in writing (not MCL 554.611 tenant’s forwarding address. orally) your forwarding address.

Within 30 days after move-out Mail to tenant an itemized list of Recommendation: Watch for the MCL 554.609 damages, with proper statutory notice itemized list of damages in the mail. provision claimed against tenant’s security deposit accompanied by a check or money order for the difference. Only unpaid rent, unpaid utility bills, and damages to the rental unit beyond reasonable wear and tear caused by tenant may be claimed against the deposit (not cleaning fees).

Within 7 days of tenant’s receipt Watch for tenant’s response to the Respond in detail, by ordinary mail, of landlord’s itemized list of itemized list of damages by mail. indicating agreement or damages disagreement with the damages MCL 554.612 charged. Be sure to count the days; the date of mailing is considered the date of response.

Within 45 days—not thereafter— To be entitled to keep the disputed If suit is filed, appear in court and of move-out amount of security deposit, file suit defend. MCL 554.613 against tenant for damages—unless an Note: If suit is not filed, you may exception applies. file suit for recovery of your security deposit.

10 Subleasing

Subleasing occurs when a tenant permits Q1 Does the landlord have to agree to another party to lease the rental property that the tenant has leased from the landlord. (Note: the sublease? Usually, the lease or the landlord must allow Generally, yes. Most leases specify that the original tenant to sublease, and most subleasing or assigning an interest in the rental leases specify that the landlord must approve property is not allowed without the landlord’s of the subtenant.) The tenant, then, assumes consent, OR that subleasing or assigning is not the position of landlord in relation to his or allowed at all. But if the original lease her subtenant. Subleasing usually occurs agreement is silent, then the tenant need not because the tenant has signed a fixed-term seek the landlord’s permission before entering lease and wants—for whatever reason—to get into a sublease. However, as a practical matter, out of the lease before it expires. Since the the tenant should notify the landlord of the sublease ahead of time. First check the terms original tenant is bound by the terms of the of the original lease. Then, if permission is lease, he or she cannot simply leave the required, check with the landlord. property and stop paying rent. To avoid the financial burden of the unexpired portion of Q2 If the tenant is to sublease, what the lease, the tenant usually tries to find a subtenant who will assume that burden. exactly can be subleased? Word of warning: Subleasing is not The tenant can only sublease the rights he without its problems—so put it in writing. or she has been given in the original lease—no Under a sublease, the original tenant is still more. For example, if the tenant has only bound by contract to the landlord by the three months left on a one-year lease, the terms of the lease. If the subtenant stops tenant can only sublease up to three months. paying rent or causes damage to the rental The same holds true with any restrictions property, the original tenant—not the contained in the original lease—they all apply subtenant—must answer to the landlord. Of to the subtenant and cannot be waived by the course, the original tenant may have a legal original tenant. On the other hand, the tenant cause of action against the subtenant for a may decide to sublet less than all of the rights violation of the sublease. he or she has been given in the original lease (e.g., he or she may decide to return to the The following are important terms to rental property). understand: ■ Landlord: The party agreeing to transfer Q3 What duties does the original tenant possession and use of the rental property, have when subleasing? usually the owner. Generally, when a tenant subleases, he or ■ Tenant or Sublessor: The party taking she assumes the position of landlord in possession and use of the rental property from relation to his or her subtenant. Accordingly, the landlord under a lease contract and then all of the laws that apply to landlords apply to agreeing to transfer possession and use of the a tenant who subleases. These duties are property to a subtenant. explained in other parts of this book. They ■ Subtenant or Sublessee: A third party include the following: who takes possession and use of the rental 1) Complying with the duties to maintain a property from the original tenant, under a habitable rental property and to make sublease contract. The subtenant contracts reasonable repairs, when necessary; with the original tenant—not the landlord—but 2) Complying with the duties to register or generally with the landlord’s permission. license the rental property under local ■ Sublease: The contract between the ­ordinance (check with the local housing original tenant and subtenant, transferring, office); again, possession and use of the rental 3) Complying with the duties imposed property. (See sample Sublease, page 37.) under the security deposit laws and A written sublease contract provides the best protection. Because a sublease can transfer procedures; and what is left of the rights given to the tenant in 4) Complying with the eviction laws and the original lease, it is important that the procedures, in the event the original tenant provide the subtenant with a copy of tenant wants to remove the subtenant the original lease. from the rental property.

11 Repair and maintenance still remain the utility bills and damages beyond reasonable ultimate duty of the original landlord. Because wear and tear caused by the subtenant. The the subtenant, in a sublease, has no landlord’s recourse is with the tenant under relationship with the original landlord, repair the original lease, not the subtenant. The requests technically must be made by the tenant’s recourse is with the subtenant, under original tenant to the landlord. In practice, the sublease. however, this may not be the case; many For this reason, it is risky to sublease times, the landlord, in granting the original rental property. Therefore, tenants should take tenant permission to sublease, will be aware of all necessary precautions to ensure that they the subtenant’s presence and will respond to are subleasing to a financially responsible his or her requests. subtenant (e.g., running a credit check, asking for a reference from a previous landlord). Q4 What about the security deposit? Because nothing in the original lease Q6 Can the original tenant be released agreement changes when a tenant subleases to from the obligations under the lease? a subtenant, the original tenant’s security Sometimes, yes. Subleasing can be a deposit will remain with the landlord. The com­plicated procedure, particularly if the tenant may decide to collect a security deposit from the subtenant to insure against tenant is leaving the area for the period of the nonpayment of rent or utility charges or sublease. There are two ways that a tenant can damage to the rental property beyond be released from the obligations under the reasonable wear and tear caused by the lease, a situation that differs from a sublease subtenant. Remember that the original tenant agreement: remains responsible to the landlord under the 1) By mutual agreement. Though it is original lease. The original tenant’s security rare, a landlord sometimes allows a deposit could be at stake. tenant to terminate the lease early. Collecting a security deposit from the Therefore, it is a good idea to talk to subtenant. If the original tenant decides to your landlord before looking for collect a security deposit from the subtenant, someone to sublease. (Note: If the he or she would simply follow all of the normal landlord does allow the tenant to break steps that any landlord would in collecting a the lease, the tenant should be sure to security deposit. These include being timely in receive from the landlord a signed providing proper notice, placing the security document describing the agreement.) deposit in a financial institution, providing 2) By assignment with a mutual inventory checklists, and providing the agreement. The legal differences itemized list of damages. (See Security Deposit between an assignment and a sublease section, page 7.) are somewhat complicated. Generally, an assignment is created when a tenant Q5 What if the subtenant stops paying transfers his or her interest in the premises for the entire term, a sublease rent? when he or she transfers the interest Two things may be done to help protect for less than the entire term. However, against this: for an assignment, as for a sublease, 1) Require the subtenant to sign a written unless the landlord agrees differently, sublease agreement that includes the the original tenant is not relieved of his same language as the original lease or her contractual duties under the agreement; and lease. Yet, if the parties reach a mutual 2) Require the subtenant to pay a security agreement, the original tenant is “cut deposit to the original tenant. out” of the entire lease agreement and If the original tenant permits the subtenant the new person steps into his or her to pay rent directly to the landlord, the tenant shoes. Accordingly, the new tenant will runs the risk of not knowing if the subtenant is be responsible for all obligations under continuing to meet the rental obligations. the original lease, including rent, When the subtenant is required to pay rent utilities, and damages—the original tenant will be released of all directly to the original tenant—and the tenant obligations. Note: If the landlord does pays the usual rent to the landlord—there is allow an assignment under these much less risk. terms, the tenant should be sure to If the subtenant stops paying the rent, the landlord can hold the original tenant receive from the landlord a signed responsible for missed payments. This amount document describing the assignment can be withheld from the original tenant’s and the release of obligations. security deposit, as can charges for unpaid

12 Eviction Proceedings

If the landlord wishes to remove a tenant 7) Forceful entry OR peaceful entry, with from his or her rental property, the landlord must forceful stay OR trespass use the eviction process. The process is called a (MCL 600.5714(1)(f)); Summary Proceeding, and it moves quickly to 8) Holding over after natural expiration of restore rental property to the person lawfully lease term (MCL 600.5714(1)(c)(ii)); entitled to possession. 9) “Just cause” for terminating tenant of The process starts with a notice, usually mobile home park (“just cause” is defined called a “Notice to Quit” or a “Demand for for this purpose by MCL 600.5775, see Possession” but for simplicity, it can be called an MCL 600.5714(3)); eviction notice. If the landlord is successful in 10) “Just cause” for terminating tenant of proving his or her case, an order of eviction may government-subsidized housing. (Note: be issued and a court officer may remove the “Just cause” is defined by statute, see tenant and the tenant’s personal items from the MCL 125.694a and 600.5714(2)). rental property. It is important to remember that there are many steps in the eviction process before the tenant is physically removed—and Q2 If one roommate moves out and stops most landlords and tenants reach a settlement paying rent, can the other tenant(s) before the matter moves that far. be evicted? The landlord must never forcibly remove the tenant (or occupant) himself or herself It may seem harsh and unfair but yes, the (MCL 600.5711). This includes things like other tenant(s) who are still paying rent may be changing locks, turning off utilities, or some other evicted. The landlord is lawfully entitled to act or omission that interferes with the tenant’s receive the full rent amount. Whoever­ signs the right to possess, use, and enjoy the rental lease will be bound by its terms and conditions. property. This is illegal and punishable by If a “joint-and-several liability” clause is in the monetary damages (MCL 600.2918). lease, who actually pays what amount is of no concern to the landlord. Most leases include a provision that holds all tenants “jointly and severally liable” for any and A. STARTING THE EVICTION all violations of the lease. This means that each PROCESS— person is responsible not only for his or her individual obligations but also for the BEFORE GOING TO COURT obligations of all other tenants. This includes paying rent and performing all other terms of the Q1 What lawful reason(s) must be given lease. Therefore, if only one tenant stops paying to evict a tenant? the rent (or violates any other provision of the lease agreement), the landlord may choose to There are ten reasons specified by law that evict any or all of the tenants. In addition, the would allow the landlord to start eviction landlord may choose to collect the rent or other proceedings with the notice described above: money for damages incurred from any or all of 1) Nonpayment of rent (MCL 600.5714(1)(a)); the tenants. 2) Extensive and continuing physical injury to property (MCL 600.5714(1)(d)); Q3 What is proper notice of eviction and 3) Serious and continuing health hazard (MCL 600.5714(1)(d)); how important is it? Proper notice is very important. It is a type 4) Illegal drug activity on the premises and a of due process, to safeguard and protect formal police report filed (a lease individual rights provided by law. If the landlord provision must allow for such wishes to remove a tenant from his or her rental termination) (MCL 600.5714(1)(b)); property, the landlord must use the eviction 5) Physical violence or threat of violence to process—and it begins with proper notice. Before another person on the landlord’s property a court will enter a landlord’s request for an by a tenant, member of the tenant’s Order of Eviction, the tenant must have been household, or person under the tenant’s given a proper eviction notice (usually a “Notice control, and a formal police report filed to Quit” or “Demand for Possession”). (MCL 600.5714(1)(e)); Many times the rental problem can be fixed 6) Violation of a lease provision and the with nothing more than the eviction notice. For lease allows for termination example, if the tenant simply forgot to pay the (MCL 600.5714(1)(c)(i)); rent, the notice may serve as a reminder—and

13 once he or she pays the rent, the eviction Q5 Once the proper notice is prepared, process ends. The eviction notice may take many forms. It how must it be delivered to the must state that the landlord intends to evict the tenant? tenant, within a specified time (either 24 hours or Once the eviction notice is prepared, it must 7 days or 30 days), because of a specified reason be properly delivered to the tenant (MCL 600.5718). or problem—otherwise, court action will be The eviction notice MUST be delivered: taken. The notice may allow the tenant time to 1) In person to the tenant; OR correct the problem (like paying the rent, if 2) At the rental property, to a member of nonpayment of rent is the reason for eviction). the tenant’s household—of suitable age— The eviction notice MUST include certain requesting that it be delivered to the information or the notice is not proper tenant; OR (MCL 600.5716). While many district courts 3) By first-class mail, addressed to the provide standard eviction forms, a letter can tenant; OR accomplish the same as long as it contains all of 4) By electronic service if the tenant has in the following: writing specifically consented to 1) Tenant’s name; electronic service and if the consent or 2) Address or rental property description; confirmation of the consent has been sent 3) Reason for the eviction; by 1 party and affirmatively replied to, by 4) Time to take remedial action; electronic transmission, by the other 5) Date; and party. The electronic address used by the 6) Landlord’s signature. party shall be considered to remain the correct, functioning electronic service address unless that party notifies the Note: Under MCL 600.5716, the demand for other in writing that that party no longer possession or payment must be in writing. has an electronic address. This means that an oral demand for If the notice is delivered personally, the time possession or rent will not be recognized by of the notice begins to run the next day. If the the court in Michigan. notice is mailed, the time begins the next mail delivery day (not a Sunday or holiday). Q4 How much notice must be given to The eviction notice is not the same as an the tenant before the landlord may Order of Eviction. A tenant is not required to move when the eviction notice expires—he or file suit? she may have a valid defense to the landlord’s Each reason for eviction has a specific reason for eviction. Expiration of the 24-hour or amount of time that MUST pass before the 7- or 30-day time period only enables the landlord may commence a lawsuit—either landlord to file a lawsuit. 24 hours or 7 days or 30 days (MCL 600.5714). Remember: Only a court officer may A 24-HOUR NOTICE is required for the remove the tenant and the tenant’s personal following reason: items from the rental property—and only under Illegal drug activity on the premises and a court order. formal police report filed (a lease provision must allow for termination). A 7-DAY NOTICE is required for the following reasons: B. TAKING THE ACTION TO COURT 1) Nonpayment of rent; 2) Extensive and continuing physical injury to property; Q1 What must the landlord do to begin 3) Serious and continuing health hazard; OR a lawsuit for eviction? 4) Injury or threatened injury to another If some agreement or understanding cannot person. be worked out by the parties, and if the eviction A 30-DAY NOTICE is required for the notice has been properly delivered and the following reasons: 24-hour or 7- or 30-day time period has passed, 1) Violation of a lease provision and the the landlord may commence a lawsuit—known as lease allows for termination for that a Summary Proceedings action (MCR 4.201). This violation; section will outline how the landlord may bring 2) Forceful entry OR peaceful entry, with an action, and what the tenant can expect when forceful stay OR trespass; being sued. 3) Holding over after natural expiration of The Paperwork. The paperwork necessary to lease term; begin a lawsuit includes the following: 4) “Just cause” for terminating tenant of 1) Summons; mobile home park; OR 2) Complaint; 5) “Just cause” for terminating tenant of 3) Copy of the Notice of Eviction (attached government-subsidized housing. to the Complaint); and

14 4) Lease (attached to the Complaint). Proper filing of the paperwork with the Most district courts will provide the landlord court. The paperwork MUST be properly filed with preapproved court forms, if requested. with the appropriate district court, as only These forms meet all Michigan statutory and this court has jurisdiction over eviction court-rule requirements. However, they must be proceedings. A lawsuit for eviction is filed in the properly filled out. district court in the county where the rental The lawsuit for eviction begins like any other property is located. Sometimes the district lawsuit—the plaintiff (the landlord) files the court’s jurisdiction borders are the same as the appropriate paperwork with the court. municipal borders, but this is not always the Jurisdiction over eviction proceedings is granted case. Check with the local court to deter­mine the to the district court and the few remaining proper district court for your lawsuit. municipal courts. Proper delivery of the paperwork to the The Complaint tells the court why the tenant. The paperwork MUST be properly landlord seeks to regain possession of his or her delivered to the tenant, notifying him or her that rental property—much the same as the original legal action has begun (and proof of how and Notice of Eviction. The Complaint MUST include: when they were delivered must be filed with the 1) A description of the rental property; court). The Summons and Complaint and a copy 2) The reason(s) for eviction; of the original Notice of Eviction and Lease 3) A demand for a jury trial (if the landlord MUST be properly delivered to the tenant BY wants a jury); MAIL AND ONE OTHER WAY: 4) If rent or other money is due, the rental 1) Personally; OR period and rate, the amount due and 2) By first-class mail—certified, return- unpaid when the Complaint was filed, and receipt requested, restricted delivery; OR the date(s) the payments became due; 3) At the rental property, to a member of and the tenant’s household—of suitable age— 5) Allegations that the landlord has kept the requesting that it be delivered to the residential rental property fit for the use tenant; OR intended and in reasonable repair during 4) After diligent attempts at personal the term of the lease (unless the lease service, by securely attaching the papers term is a year or more and the parties to the main entrance of the rental have modified these obligations by property unit. contract). The following paperwork MUST BE Note: This delivery method differs slightly ATTACHED to the Complaint: from delivery of the initial Notice of Eviction. 1) A copy of the Notice of Eviction; and Here, two methods of delivery are required. 2) The lease (unless the tenancy was created by an oral agreement). The Summons MUST accompany the Complaint, commanding the tenant to appear at Q2 What must the tenant do after the district court for trial. It MUST also include receiving the Complaint? information advising the tenant that: The lawsuit for eviction is like any other 1) The tenant has the right to employ an lawsuit. Once a Complaint is received, the tenant attorney; MUST APPEAR AND ANSWER by the date on the 2) If the tenant does not have an attorney, Summons. The time period is short—generally but can otherwise afford to retain one, to 3-10 days. At the hearing the tenant must answer contact the State Bar of Michigan or a either in person, orally, or by filing a written local lawyer referral service; response addressing each of the allegations in 3) If the tenant cannot pay for an attorney, the landlord’s Complaint. The tenant’s answer he or she might qualify for legal-aid generally objects to the landlord’s reason(s) for assistance; and the eviction and explains why the court should 4) The tenant has the right to a jury trial not evict the tenant from the rental property. (the fee must be paid when the demand Also at this time, the tenant can state a is made in the first response—written or counterclaim with the answer and request a jury. oral).

LANDLORD’S CHECKLIST FOR COMMENCING AN EVICTION PROCEEDING ■ The Notice of Eviction was properly delivered to the tenant and the proper time period, either 24 hours or 7 days or 30 days, has passed. ■ The preapproved court forms—the Complaint and Summons—are properly completed. ■ Copies of the Notice of Eviction and Lease are attached to the Complaint. ■ All paperwork is filed with the appropriate district or municipal court. ■ All paperwork is properly delivered to the tenant.

15 Q3 What happens if the tenant fails to reached, the court must be notified. Whether the landlord and tenant must appear before the judge appear and answer after receiving to put their agreement on the record is up to the the Complaint? judge. If the tenant does not appear at the district court as commanded in the Summons, a default Q6 What possible defenses to a lawsuit judgment—giving possession of the rental property back to the landlord—will be entered for eviction might a tenant have? against the tenant. And 10 days later, at the If the tenant has exhibited certain lawful landlord’s request, the court will issue an Order behavior, Michigan law provides the tenant with a of Eviction and a court officer will physically defense that will apply—even if the landlord can remove the tenant and the tenant’s personal prove any of the ten reasons for a lawful eviction. items from the rental property. There are also other defenses that may apply, Additionally, the court may enter a money depending on what the reason for the eviction is. judgment against the tenant. This would allow The most common defenses are: the landlord to begin collection proceedings, 1) A claim of retaliatory eviction. Under which may include garnishment of wages, bank MCL 600.5720, there exists a presumption accounts, and tax refunds. It may also include of retaliation if the landlord started the execution against the tenant’s personal property, eviction proceedings within 90 days after like his or her automobile. Further, a money the tenant tried to enforce his or her judgment may appear on the tenant’s credit rights under law (e.g., reporting health report, hindering his or her ability to get a loan and safety code violations, exercising or a credit card. rights under the lease, filing a complaint against the landlord for violation of the Notice to the tenant: Do not fail to appear law, or joining in membership in a and answer! tenants’ organization). If the official action has not resulted in dismissal or denial of the attempt or complaint, a presumption Q4 Once a lawsuit is started, can in favor of the defense of retaliatory the parties still try to negotiate or termination arises, unless the plaintiff mediate an agreement? establishes by a preponderance of the Up until trial, the parties may reach an evidence that the termination of tenancy agreement and settle the case themselves OR was not in retaliation for the acts. they may decide to resolve their dispute through Retaliatory eviction is a defense to any mediation. eviction proceeding. Community Mediation. Parties can choose to 2) Full payment of the rent due. If the mediate before or after a lawsuit is filed. eviction is for nonpayment of rent, after Mediation is an alternative dispute resolution the complaint was filed, the tenant may technique that is voluntary, empowering, have actually paid the total amount of confidential, convenient, effective, and provided rent due. at little or no cost. (See pages 21-22 for the 3) Landlord’s breach of the warranty of names, locations, and phone numbers of the habitability and duty to repair. The Michigan Community Mediation Centers that can landlord must have been provided with be contacted for assistance.) notice of the problem, generally in writing, and must have been given a reasonable amount of time to fix the Q5 If the parties reach an agreement, problem. If a portion of the rent was do they still have to appear in court? withheld for the purpose of addressing At any time before trial, the landlord and the maintenance or repair issue(s), it tenant may decide to work out a compromise. In must have been deposited into an escrow fact, most lawsuits for eviction end in account. (That portion of rent must compromise—minutes before trial. The parties reasonably relate to the cost of repair or may either: to the damage that the tenant incurred 1) Sign an agreement called a “Consent because of the problem.) The tenant Judgment,” putting an end to the case by must show that “but for the repair and consent and by order of the judge; OR maintenance required, he or she was 2) Agree to a dismissal subject to some ready, willing, and able to pay the condition (e.g., tenant paying rent by a rent.” particular day, tenant voluntarily vacating Having a defense and being able to prove the rental property by a particular day). it are two different things. If the tenant is Once the condition is satisfied, the judge suc­cess­ful in offering his or her proofs, the will order the dismissal. tenant is generally allowed to remain in If a Summons has been issued, the tenant possession of the rental property. The Court may must show up at the court. If an agreement is not order eviction if the Court believes that the

16 tenant complied with the law and acted only to An Order of Eviction can be issued protect his or her rights, even though the immediately under MCL 600.5744(3) under landlord may have had a lawful reason to evict. certain circumstances. Several of these are unlikely to apply to the typical tenant. Those Q7 What can the parties expect to see that might are: (a) The premises are government-subsidized happen at trial? housing and a required certificate or temporary If the parties to a lawsuit for eviction cannot certificate of compliance has not been issued otherwise reach an agreement, they will have to and the premises have been ordered vacated. go to court to have things decided for them. (b) Entry was made peaceably but Judges generally encourage the parties to reach a possession is unlawfully held by force. settlement; the attorneys who are there on behalf (c) The tenant, willfully or negligently, is of the parties also encourage their clients to do so. If they cannot, the parties then proceed to causing a serious and continuing health hazard trial where the judge (or jury) will decide the to exist on the premises or is causing extensive outcome. and continuing injury to the premises and is neglecting or refusing either to deliver up At trial, both parties will be given an possession after demand or to substantially opportunity to tell their side to the judge (or restore or repair the premises. jury). They will be allowed to offer testimony and (d) The eviction is based on illegal drug show documentation that may persuade the activity on the premises. judge (or jury), by a preponderance of the evidence (at least 51 percent), to rule in their favor. Q9 Can the tenant be evicted and still In the courtroom, there is an order to things. forced to pay money damages to The landlord must first prove that a lawful the landlord? reason for eviction exists and that he or she is Yes. In addition to regaining possession of entitled to regain possession as owner of the the rental property, or in very rare cases, even rental property. The tenant may next offer without ordering return of the premises, the evidence that even though there is a lawful judge (or jury) may award the landlord a money reason, a legal defense exists that protects him judgment for such items as unpaid rent, unpaid or her from being removed. (See Landlord’s list utilities, damages to the rental property beyond of lawful reasons and tenant’s list of defenses, reasonable wear and tear caused by the tenant, pages 13 and 16, respectively.) and any other damages incurred because of the After both parties have had an opportunity to tenant’s violation of the lease agreement. offer their proofs to the judge (or jury), a Avoiding a money judgment is always a good decision will be made either for the landlord (to idea. This is something to consider when thinking regain possession) or for the tenant (to remain in about settling a case, if the landlord has a strong possession). case – see Q4 and Q5. Will the landlord give up a claim for money if the premises is returned Q8 If the landlord wins the lawsuit for peaceably and immediately? Will the landlord eviction, how soon can the tenant and accept less than the full amount asked for if the payment is in cash right away? Will the landlord his/her personal property be removed? accept a payment schedule? If the option to pay Even if the landlord wins the lawsuit for is still available, the losing party (if financially eviction, unless the law provides differently, as able) should remit what is owed. Once a money discussed below, the court cannot issue an judgment is awarded, the prevailing party, Order of Eviction for at least 10 days through a lawful collection process, can garnish (MCL 600.5744). This allows time for the tenant wages, garnish bank accounts, and garnish tax to cure by paying the rent owed, if that was the refunds. The prevailing party may also be entitled reason for eviction. It also allows time to work out an agreement or file an appeal and pay to another remedy—executing the money appeal fees. judgment against personal property (a car, fine Only after waiting 10 days can the prevailing jewelry, collectibles, and the like). landlord request that the judge issue an Order of Remember that a lease agreement—whether Eviction. However even then Michigan law does written or oral—is a contract, enforceable by not allow the landlord to forcibly remove the law. Both parties have rights and obligations tenant or the tenant’s property. Only an officer of under the lease. Simply having the tenant the court, by a judge’s order, can remove the removed from the rental property may not tenant and tenant’s property from the rental provide the landlord with all that he or she is property; and that officer is generally the sheriff entitled to receive under the lease. or someone from the sheriff’s office. This is (See Eviction Timeline, pages 18-19.) called executing the Order of Eviction.

17 C. Eviction Timeline C. Eviction Timeline (continued) Some incident gives rise for eviction. BEGIN THE LAWSUIT: TRIAL: Within 10 days JUDGMENT: After trial, APPEAL: Within 10 days EVICTION: After 10 MCL 600.5714 After the time period in the notice has expired—either there will be a trial/ the judge will render a after judgment, either days—a Writ of Eviction 24-HOUR NOTICE is required for the following reason: 7 days or 30 days—if things cannot be worked out: hearing. decision either in favor party may appeal the may be requested, Illegal drug activity and formal police report filed (a File with the district court and serve on the tenant a Michigan Court Rule of the: judge’s decision. The issued, and executed. lease provision must allow for termination). Summons and Complaint. 4.201(F) 1) Landlord (evicting the party appealing the MCL 600.5744(5); MCL 600.5735 If either party appears tenant), OR judge’s decision must Michigan Court Rule 4.201(L) 7-DAY NOTICE is required for the following reasons: 2) Tenant (allowing him pay an appeal bond, without an attorney, but Issuance: Issuance must 1) Nonpayment of rent; or her to remain in filing fees, and transcript 2) Extensive and continuing physical injury to property; requests to retain one, occur within 56 days after the judge will generally possession). fees to preserve the judgment is entered and 3) Serious and continuing health hazard; appeal and stop the Writ 4) Injury or threatened injury to another person. adjourn the trial/ A money award may also must be executed no later hearing for 7 days. be entered for damages of Eviction from being than 56 days after the writ is 30-DAY NOTICE is required for the following reasons: incurred by either party. issued. issued. 1) Violation of a lease provision and the lease allows for Michigan Court Rule termination; Michigan Court Rule Important: Certain 4.201(K) 4.201(N) 2) Forceful entry OR peaceful entry, but forceful stay OR situations may allow trespass; issuance of a Writ of 3) Holding over after natural expiration of lease term; Eviction immediately. Eviction Timeline 4) Just cause for terminating tenant of mobile home MCL 600.5744(3) Eviction Eviction Timeline park; 5) Just cause for terminating tenant of government- subsidized housing. You have a right to an If judgment is for you, Decide whether to appeal Once the Sheriff executes attorney; you may ask the landlord, it may in the allotted time the Writ, you regain for time to retain one. include an award for any frame. possession of your rental Provide proper notice of intent to evict. The Summons. The Summons commands the tenant to Generally, the judge will money due and for costs. property. MCL 600.5716, 600.5718 appear at the court for trial. adjourn for 7 days. You You may begin Forms DC 100a, DC 100c (from the court) Michigan Court Rule 4.201(C) have a right to a jury collections on the money The notice MUST: Form DC 104 (from the court) trial; however, you must judgment if the tenant 1) Be in writing; The Complaint. The Complaint gives further notice of demand it in the does not otherwise pay 2) Be addressed to the tenant; the cause of action, or grounds, for the eviction. Complaint and pay the or appeal. You will have 3) Describe the rental property (address is sufficient); Landlord MUST attach the following: jury fee. (The fee starts to wait to regain 4) Give reason for eviction; 1) A copy of the Lease; AND at $40 and goes up possession by requesting 5) State the time for tenant to take remedial action; 2) A copy of the notice to quit or demand for depending on the amount a Writ of Eviction. 6) Include landlord’s signature; and possession—stating when and how it was delivered. in controversy.) MCL 600.5741 7) Include date. Michigan Court Rule 4.201(B) Forms DC 102a, DC 102c (from the court) Provide testimony, If judgment is for the The notice MUST be delivered: documents, and other tenant, he or she may 1) In person to the tenant, OR The Summons and Complaint MUST be delivered (and evidence to show that remain in possession of 2) At the rental property, to a member of the tenant’s proof of how and when they were delivered must be you are lawfully entitled your rental property. household—of suitable age—requesting that it be filed with the court) to the tenant BY MAIL AND ONE Duties Landlord’s to recover possession of delivered to the tenant, OR OTHER WAY: your rental property. 3) By sending it through first-class mail addressed to 1) Personally, OR the tenant. 2) Sent by mail—certified, return-receipt, restricted delivery, OR You must appear and If judgment is for you, Decide whether to appeal If the reason for the 3) At the rental property, to a member of the tenant’s answer the Complaint. the tenant, you may in the allotted time eviction was

Landlord’s Duties Landlord’s household—of suitable age—requesting that it be You have a right to an remain in possession of frame. nonpayment of rent, full delivered to the tenant, OR attorney; you may ask the rental property. payment of the rent, plus 4) After diligent attempts at personal service, by for time to retain one. fees and costs awarded, securely attaching the papers to the main entrance of MCL 600.5747 Generally, the judge will may stop the issuance of the rental property unit. If judgment is for the You adjourn for 7 days. landlord, you must the Writ of Eviction. Michigan Court Rule 4.201(D) have a right to a jury Partial payment will not either: trial stop the issuance of the ; however, you must 1) Make full payment (if Writ. Read the notice. Certain reasons for eviction CAN be The Summons will have a date and time ordering the demand it in your first the eviction can be cured (e.g., nonpayment of rent can be cured by paying tenant to appear in court. As the Summons commands, response—written or cured by payment), WARNING: Other reasons the rent). Certain reasons CANNOT be cured and tenant you MUST APPEAR at the court for this hearing. oral—and pay the jury OR for eviction may NOT be fee. (The fee starts at $40 must move out (e.g., breach of lease, illegal drug You MUST APPEAR and ANSWER the Complaint by the 2) Settle the dispute, OR cured by payment and activity), otherwise, you may be sued. date on the Summons. You can do this either in writing and goes up depending 3) Move out, OR you must move out on the amount in Recommendation: Contact the landlord to peacefully OR orally at the hearing. 4) Appeal the judge’s before the Sheriff controversy.) decision. executes the Writ and discuss his or her reasons for eviction. Try to reach an NOTE: If you are unfamiliar with this process and need agreement to remain in the rental property. Defending landlord’s moves your items out. assistance, please seek competent legal advice and/or claim may require you to attorney services. testify and provide Tenant’s Duties Tenant’s documents and other evidence of why you should be entitled to remain in possession of the rental property. Tenant’s Duties Tenant’s FROM START TO FINISH— IT CAN TAKE AS FEW AS 21 DAYS OR AS MANY AS 57 DAYS TO EVICT A TENANT

18 C. Eviction Timeline (continued) TRIAL: Within 10 days JUDGMENT: After trial, APPEAL: Within 10 days EVICTION: After 10 there will be a trial/ the judge will render a after judgment, either days—a Writ of Eviction hearing. decision either in favor party may appeal the may be requested, Michigan Court Rule of the: judge’s decision. The issued, and executed. 4.201(F) 1) Landlord (evicting the party appealing the MCL 600.5744(5); If either party appears tenant), OR judge’s decision must Michigan Court Rule 4.201(L) 2) Tenant (allowing him pay an appeal bond, without an attorney, but Issuance: Issuance must or her to remain in filing fees, and transcript requests to retain one, occur within 56 days after the judge will generally possession). fees to preserve the judgment is entered and adjourn the trial/ A money award may also appeal and stop the Writ must be executed no later hearing for 7 days. be entered for damages of Eviction from being than 56 days after the writ is incurred by either party. issued. issued. Michigan Court Rule Michigan Court Rule 4.201(N) Important: Certain 4.201(K) situations may allow issuance of a Writ of Eviction immediately. Eviction Timeline MCL 600.5744(3)

You have a right to an If judgment is for you, Decide whether to appeal Once the Sheriff executes attorney; you may ask the landlord, it may in the allotted time the Writ, you regain for time to retain one. include an award for any frame. possession of your rental Generally, the judge will money due and for costs. property. adjourn for 7 days. You You may begin have a right to a jury collections on the money trial; however, you must judgment if the tenant demand it in the does not otherwise pay Complaint and pay the or appeal. You will have jury fee. (The fee starts to wait to regain at $40 and goes up possession by requesting depending on the amount a Writ of Eviction. in controversy.) MCL 600.5741 Provide testimony, If judgment is for the documents, and other tenant, he or she may evidence to show that remain in possession of you are lawfully entitled your rental property.

Landlord’s Duties Landlord’s to recover possession of your rental property.

You must appear and If judgment is for you, Decide whether to appeal If the reason for the answer the Complaint. the tenant, you may in the allotted time eviction was You have a right to an remain in possession of frame. nonpayment of rent, full attorney; you may ask the rental property. payment of the rent, plus for time to retain one. MCL 600.5747 fees and costs awarded, Generally, the judge will If judgment is for the may stop the issuance of You adjourn for 7 days. landlord, you must the Writ of Eviction. have a right to a jury Partial payment will not either: trial stop the issuance of the ; however, you must 1) Make full payment (if Writ. demand it in your first the eviction can be response—written or cured by payment), WARNING: Other reasons oral—and pay the jury OR for eviction may NOT be fee. (The fee starts at $40 2) Settle the dispute, OR cured by payment and and goes up depending 3) Move out, OR you must move out on the amount in 4) Appeal the judge’s before the Sheriff controversy.) decision. executes the Writ and Defending landlord’s moves your items out. claim may require you to testify and provide Tenant’s Duties Tenant’s documents and other evidence of why you should be entitled to remain in possession of the rental property.

FROM START TO FINISH— IT CAN TAKE AS FEW AS 21 DAYS OR AS MANY AS 57 DAYS TO EVICT A TENANT

19 Mediation

Parties in a dispute can choose to mediate before or after a lawsuit is filed. Mediation is an alternative dispute resolution technique that is voluntary, empowering, THE confidential, convenient, effective, and provided at little or no cost. There are MEDIATION mediation centers throughout Michigan that can be called for assistance. PROCESS Mediation is: 1) Any person or organization may initiate ■ A process that helps people to resolve mediation. disputes. Trained mediators facilitate a 2) A trained professional will talk with you communication process that assists to determine if your situation is people in reaching mutually satisfactory appropriate for mediation. If it is, you agreements. will be asked for basic information about yourself and the other person(s) ■ An alternative to destructive involved. confrontation, ineffective avoidance, costly litigation, and violence. 3) With your permission, the mediation center will contact the other person(s) ■ An opportunity for people in conflict to involved to encourage them to use their own problem-solving skills, to participate in a mediation session. take responsibility, and to find solutions that best meet their needs. 4) If both parties agree, the mediation center will schedule a mediation session ■ Designed to preserve individual interests at a time and place convenient for all. while strengthening relationships 5) At the mediation session, trained between individuals and groups. mediators will listen to all sides of the ■ An opportunity to learn a successful dispute. Each party will get a chance to method for resolving conflicts that can explain, uninterrupted, their point of serve as a model for constructively view. The mediator will encourage resolving future conflicts. communication from all sides to uncover facts, identify issues, and explore possible solutions. 6) When the parties reach a solution, their agreement will be put in writing by the mediator. It is then a legally enforceable document.

20 MICHIGAN’S COMMUNITY DISPUTE RESOLUTION PROGRAM Mediation centers provide conciliation, mediation, and other forms of dispute resolution under Michigan’s Community Dispute Resolution Act. For more information, visit courts.mi.gov, call 1-800-8-RESOLVE (1-800-873-7658) or contact your county district or circuit court. BERRIEN, Branch, Cass, St. Joseph, GRAND TRAVERSE, Antrim, Benzie, Leelanau, Van Buren Missaukee, Wexford Citizens Mediation Service, Inc. Conflict Resolution Services, Inc. 811 Ship Street, Suite 302 521 S. Union Street St. Joseph, MI 49085 Traverse City, MI 49684 Phone: (269) 982-7898 Phone: (231) 941-5835 Fax: (269) 982-7899 Fax: (231) 941-4530 Website: www.citizensmediation.org Website: www.CRSmediationTC.org

CHARLEVOIX, Emmet INGHAM, Clinton, Eaton, Gratiot, Isabella, Citizen Dispute Resolution Service, Inc. Shiawassee Northern Community Mediation Resolution Services Center of Central Michigan 415 State Street 516 South Creyts Road, Suite A Petoskey, MI 49770 Lansing, MI 48917 Phone: (231) 487-1771 Phone: (517) 485-2274 Fax: (231) 487-1770 Fax: (517) 485-1183 Website: www.northernmediation.org Website: www.rsccm.org

CHIPPEWA, Luce, Mackinac JACKSON, Hillsdale, Lenawee, Monroe Eastern UP Dispute Resolution Center, Inc. Southeastern Dispute Resolution Services P.O. Box 505 211 W. Ganson Street, Suite 105 Sault Sainte Marie, MI 49783 Jackson, MI 49204 Phone: (906) 253-9841 Phone: (517) 990-0279 Fax: (888) 664-6402 Website: www.co.jackson.mi.us Website: www.eupmediate.com

KALAMAZOO, Barry, Calhoun DELTA, Baraga, Dickinson, Gogebic, Houghton, Dispute Resolution Services Iron, Keweenaw, Menominee, Ontonagon, Gryphon Place Schoolcraft 3245 South 8th Street Resolution Services Program Kalamazoo, MI 49008 UPCAP Services, Inc. Phone: (269) 381-1510 P.O. Box 606 Crisis Line: (269) 381-HELP (4357) Escanaba, MI 49829 Website: www.gryphon.org Phone: (906) 789-9580 Fax: (906) 786-5853 Website: www.upcap.org KENT, Ionia, Lake, Mecosta, Montcalm, Newaygo, Osceola Dispute Resolution Center of West Michigan GENESEE, Arenac, Bay, Clare, Gladwin, 678 Front Avenue, NW, Suite 250 Midland, Ogemaw, Roscommon, Saginaw Grand Rapids, MI 49504-5368 Community Resolution Center Toll-Free: (800) 873-7658 315 East Court Street, Suite 200 Phone: (616) 774-0121 Flint, MI 48502 Fax: (616) 774-0323 Phone: (810) 249-2619 Website: www.drcwm.org Fax: (810) 239-9545 Website: www.mediation-crc.org

21 MACOMB, Huron, Lapeer, Sanilac, St. Clair, WASHTENAW, Livingston Tuscola Dispute Resolution Centers of Michigan, Inc. The Resolution Center The Dispute Resolution Center 176 South Main Street, Suite 2 4101 Washtenaw Avenue, Suite B125 Mt. Clemens, MI 48043 Ann Arbor, MI 48108 Phone: (586) 469-4714 Phone: (734) 794-2125 Website: www.theresolutioncenter.com (517) 546-6007 Fax: (734) 794-2126 E-Mail: [email protected] MARQUETTE, Alger Website: www.thedisputeresolutioncenter.org Marquette-Alger Resolution Service 715 West Washington Street, Suite A Marquette, MI 49855 WAYNE Toll-Free: (800) 873-7658 Wayne Mediation Center Phone: (906) 226-8600 Garrison Place Website: www.marsmediation.org 19855 West Outer Drive, Suite 206 - East Building Dearborn, MI 48124 Phone: (313) 561-3500 MUSKEGON, Manistee, Mason, Oceana Website: www.mediation-wayne.org Mediation & Restorative Services 27 East Clay Avenue Muskegon, MI 49442 Phone: (231) 727-6001 Fax: (231) 727-6011 Website: www.mediatewestmichigan.com

OAKLAND Oakland Mediation Center, Inc. 550 Hulet Drive, Suite 102 Bloomfield Hills, MI 48302 Phone: (248) 338-4280 Fax: (248) 338-0480 Website: www.mediation-omc.org

OTSEGO, Alcona, Alpena, Cheboygan, Crawford, Iosco, Kalkaska, Montmorency, Oscoda, Presque Isle Community Mediation Services 114 East Main Street, Suite 1 Gaylord, MI 49735 Phone: (989) 732-1576 Fax: (989) 705-1337 Website: www.mimediation.com

OTTAWA, Allegan Mediation Services Center for Dispute Resolution Courthouse Square 68 West 8th Street, Suite 220 Holland, MI 49423 Phone: (616) 399-1600 Fax: (616) 399-1090 Website: www.mediationservices.works

Please Note: Organizations listed on pages 21 and 22 are gathered from several court and government authority lists and may not represent all community dispute resolution programs available in your area. These organizations may charge fees for their services.

22 Small Claims Court

If you feel an individual or a business has Q2 Why not try mediation before starting treated you unfairly and you believe they owe a lawsuit? you money, there is something you can do about it. If your community has a mediation Filing a lawsuit in court should be used as program, you and the person with whom you a last resort. Make sure you have discussed are having a dispute can try to work the your problem with the person or business you problem out with the help of a neutral are thinking about suing. In many cases, people mediator. If you cannot resolve your problem and businesses do not know that someone has informally through mediation, you may be able a dispute with them until they receive court to file a lawsuit in small claims court. papers. If talking the problem over does not work, consider using mediation instead of Note: This court has a limited claim dollar going to court. amount. See MCL 600.8401. Mediation is discussed in the previous section. Mediation is fast, either free or low cost, and effective in resolving many disputes Q1 What is a small claims lawsuit? including landlord/ tenant, consumer/merchant, and neighborhood disputes. In most cases, a In the small claims division of the district mediation meeting can be set up within court, you can bring a lawsuit against anyone 10 days, and 90 percent of all cases that agree who owes you money. Small claims courts are to use a mediation service result in agreements designed to operate informally and without acceptable to all sides. If you can work out attorneys present. If you feel you need an your dispute in mediation, you may not need attorney to represent you, the matter must be to go to court. filed in district court. In small claims court you represent yourself, speaking directly to the Q3 How does a small claims lawsuit begin? judge or attorney magistrate. You also provide your own evidence and present witnesses you If you cannot resolve your dispute through wish to speak on your behalf. Simply tell the mediation, you can file a claim against the judge why you feel owed money. The person or person or business in the small claims division business you are suing will also have the of district court. To start the case, you (the opportunity to tell their side of the case. After plaintiff) must file an Affidavit and Claim form hearing both sides, the judge will decide in the city or county where the transaction in whether money is owed to either party and if dispute took place, or where the person or so, how much. business you are suing is located. If you are suing more than one person or business, the When deciding whether to file a claim, suit may be filed in the district court in which consider whether the person you are suing any of the persons live or where any of the has any income. Even if the judge grants you a businesses operate. judgment, if the person you sued has no income, it will be difficult for you to collect At court, tell the clerk you want to file a any money. You might want to check this out small claims case. You will be given an before you invest your time and money in filing Affidavit and Claim form to fill out. Some forms a claim. may be available online to fill out, print off and bring to court to file. On the form, list the name of the person or business you are suing, the reasons why you are suing and the amount for which you are suing. There is a cost for filing a small claim, which may include postage and service fees; you will need to contact the court for this information. Be sure to bring this amount with you when you file your claim. The amount can

23 be made a part of the judgment if the judge Q5 How do I prepare for the hearing? decides in your favor. On the hearing date, any of the following After you have filed your affidavit and may happen: claim, the court will notify the other party that you have filed a claim against them and the 1) If both the person filing the lawsuit and date they are to be in court. The defendant the defendant appear, the judge may may respond before the hearing. recommend that the parties go to mediation and the case may be The defendant may offer to settle out of adjourned. If either party does not want court after learning you have filed a suit. If you to attempt mediation, the hearing will settle the matter out of court, you can either proceed. voluntarily dismiss your lawsuit or obtain a judgment. If you want an enforceable judgment, 2) If the plaintiff does not appear, and the the terms of your agreement must be spelled defendant does appear, the case may be out in writing and signed by both you and the dismissed. defendant. A copy of the agreement must be 3) If the defendant does not appear, the filed with the court. plaintiff may ask for a “default” judgment. This means that, if the judge Q4 What happens when you are sued in decides the plaintiff has a good claim, small claims court? the plaintiff can obtain a judgment without a hearing because the If you are served with court papers from defendant did not appear to challenge the small claims division court of the district the claim. court, you are called the defendant. You have several ways to respond to the affidavit and When you go to court for a hearing, take claim. with you all the evidence you believe proves your claim. This might include a sales receipt, If you want to deny the claim, you must guarantee, lease, contract, or accident report. either answer the complaint before the hearing If a damaged article is too big to bring with date or appear in court on the hearing date, you, photographs can be presented as bringing with you any evidence you have to evidence. Any witnesses you would like to support your denial. If you want an attorney to speak on your behalf should appear in court as represent you, tell the court before the well. hearing; the case will be transferred from small claims court to the regular district court. Remember, a judge or attorney magistrate will hear a small claims case; you have no If you have a claim against the person who right to a jury trial, and the hearing will not be is suing you, you can also file a counterclaim. recorded. Your written counterclaim should be filed with the court and served by first-class mail to the Either party has the right to ask that the person suing you. case be heard in the general civil division of the district court. If you want to have the case If you fail to appear for the hearing, the moved to the general civil division of the court may enter a default judgment against district court, you can complete the Demand you. This means the judge may grant a for Removal (form DC 86). Bring the form to judgment for the plaintiff without hearing your the court before or on the day of the hearing. response to the complaint. You must file the form with the court clerk. The entry of a judgment may appear on The court will notify the person filing the your credit report. lawsuit if the defendant makes such a request. In the general civil division of the district court, both the plaintiff and the defendant have the right to be represented by an attorney. Whoever loses the case may be ordered to pay court costs and attorney fees.

24 Q6 What happens at the small claims Q7 If I win, how do I collect my money? court hearing? If you obtain a judgment against the The hearing will usually take place at the defendant, the court will provide instructions court where you filed your claim. It is regarding postjudgment collections. The important to be there on time; if you filed the defendant may pay the judgment plus court lawsuit and are not in court when your case is costs immediately after the hearing, but if he called, the case may be dismissed. If you are or she does not have the money to pay right the defendant and are not in court when your away, the judge may allow a reasonable time to case is called, a default judgment may be pay and may set up a payment schedule. If the entered against you. Bring all of your relevant defendant fails to pay the judgment when papers or other evidence and make sure your ordered, you must go back to the court and witnesses will be on time. file additional papers to collect on the judgment by having their wages or bank The court clerk will call your case and account garnished or property seized. This both parties will appear before the judge or cannot occur until 21 days after the judgment magistrate. The judge or attorney magistrate is entered. As part of the judgment, the will ask the plaintiff to state his or her claim. defendant must provide information to the When the plaintiff has finished, the defendant court that can be used in postjudgment will have an opportunity to explain his or her collection efforts. side of the case. Each party should listen carefully. If either party thinks someone is leaving something out or misstating facts, they should be sure to tell the judge or attorney magistrate. Both parties should take their time and tell what happened in their own words and why they think the order should be ruled in their favor. The plaintiff will be seeking the relief requested in the claim, while the defendant may ask the court to grant the relief requested, grant some other form of relief, or dismiss the claim altogether. Each party may present evidence to support his or her argument. Witnesses will be allowed to tell the court about facts they know that support the evidence. A judge’s decision in the small claims division is final. Neither party can appeal to a higher court once the judge has made a decision in the small claims division although, on petition by either party, the same judge may reopen the case. If the case is heard by an attorney magistrate, either party may appeal the decision. The case would be rescheduled before a district judge and both parties would explain their case again. The court prepares a Small Claims Judgment after the hearing. The court will also give or send the judgment to both parties.

25 Repair and Maintenance

Repair and maintenance problems range from things that are merely annoying to things A. RESPONSIBILITIES ARE that pose an immediate threat to health and SHARED WHEN MAINTAINING safety. A RENTAL PROPERTY

Note: Both the landlord and the tenant have Q1 What are the landlord’s some responsibility for maintenance. responsibilities? Under Michigan statute, the landlord has a There are three types of maintenance duty to keep the rental property and all problems: common areas: 1) Emergencies require action within 1) Fit for the use intended by the parties; 24 hours and pose an immediate 2) In reasonable repair during the term of threat to the health and safety of the the lease; and occupant(s)—gas leak, flooding, 3) In compliance with the health and defective furnace, major roof damage; safety laws (MCL 554.139). 2) Major problems affect the quality of Whether the landlord is required to the residential environment, but not to repair a problem depends on two factors: the the degree that the life of the nature of the problem itself and whether the occupant(s) is immediately landlord’s duty to repair has been modified— endangered—defective water heater, either by the tenant’s conduct or by mutual clogged drain, heating problem in part agreement. of a house; and Unfortunately, the term “reasonable repair” 3) Minor problems fall into the nuisance is not defined by law—it is a question of fact category—defective lighting or locks; and if litigated, would be decided by the judge dripping faucets; household pests; (or jury). While it would certainly be peeling paint and wallpaper. reasonable for a landlord to fix a clogged drain or defective water heater, it may not be reasonable to require the landlord to repair a minor chip in a countertop or peeling wallpaper. The landlord is relieved of the duty to repair and comply if the tenant’s willful or irresponsible conduct or lack of conduct has caused the disrepair or violation of health or safety laws. The landlord and the tenant may—by mutual agreement—modify these duties and make the tenant responsible for repairs, but only if the lease agreement has a current term of at least one year. In other words, if the lease term is less than one year, the landlord’s duty cannot be modified.

26 Additionally, almost all courts recognize of the repair, and when he or she would like it that implied in a residential lease agreement is done. A phone call usually works. However, the the understanding that the rental property phone call should be followed up with a letter must be fit for habitation by humans. This to ensure that documentation exists. means that the rental property must meet Sometimes, however, the landlord requires that some minimum level of standard so as not to a specific form or repair order be filled out expose the occupants to unreasonable health before proceeding. Read the lease and talk to risks. This implied duty cannot be modified or whoever is in charge and figure out the best waived. course to take. Keep copies of communications In addition to state law requirements, and keep notes of discussions. Municipalities counties and municipalities are free to enact have enacted housing codes—establishing ordinances that require landlords to maintain minimum standards—to protect the rights of rental property above minimum habitability both the landlord and the tenant. Contact the standards and additional requirements. Most local city hall for information. municipalities have a housing code protecting the health, safety, and welfare of their citizens. STEP 2: Contact the building inspector and Some require that the rental property be schedule an inspection. inspected on a regular basis. Some even In some municipalities, if the rental require licensing before a tenant can move in. property is up to municipal code standards, Check with the local city or county the tenant will be responsible for paying the government code enforcement office for inspector’s fee. If it is not up to code, the additional standards imposed on landlords in landlord pays the fee (and may also have to maintaining their rental property. pay a reinspection fee once the repair is made). Call the local inspector’s office to find Q2 What are the tenant’s responsibilities? out how much the fee will be. Although responsibilities can be modified in certain instances—by mutual agreement Note: The landlord must be given reasonable between the landlord and tenant—a tenant is time to make repairs. generally expected to: 1) Pay rent on time; 2) Keep the rental property in a safe and STEP 3: If the landlord has failed to make sanitary condition; necessary repairs, either withhold the rent 3) Promptly notify the landlord of and deposit it into an escrow account OR maintenance problems; pay for the repair and deduct the cost 4) Exterminate insects that appear if they from the rent. were not there when the tenant moved in; and Note: The landlord must have been 5) Leave the rental property in good provided with notice of the problem first condition—reasonable wear and tear and must have been given a reasonable excepted. amount of time to fix the problem.

■ What’s An Escrow Account: A bank B. IMPORTANT STEPS TO TAKE IN account or other account held by a third party, generally established in the name of the SOLVING THE PROBLEM(S) tenant, into which whole or partial rent Depending on the problem, requesting that payments are deposited to show that the a repair be made could be as simple as a quick tenant was ready, willing, and able to pay the phone call or as complicated as filing a lawsuit. rent, but is withholding the rent until a certain Outlined next are the recommended steps to problem is fixed that the landlord is legally take to solve a repair and maintenance responsible for fixing. Once the problem is problem: taken care of, the escrowed rent amount will be released to the landlord. STEP 1: Notify the landlord and provide › If the rent, or a portion of it, will be reasonable time for repair. withheld for the purpose of addressing the Keep it simple. The tenant must notify the maintenance or repair issue(s), the tenant landlord and explain the situation, the importance should send a letter—certified mail, return

27 receipt requested—stating why the rent will proceedings within 90 days of the be withheld, where it will be deposited tenant trying to enforce his or her (name of financial institution), and that rights under law (e.g., reporting health payment will be released when the and safety code violations, exercising maintenance or repair problem(s) have been rights under the lease, filing a corrected. complaint against the landlord for a › If the repair cost will be deducted from the violation of the law or joining in rent, call for three repair estimates. If it is a membership in a tenant’s organization). do-it-yourself job, shop and compare the cost If the official action has not resulted in of parts. Most reputable repair companies dismissal or denial of the attempt or will provide a free written estimate. Send complaint, a presumption in favor of copies of the estimates to the landlord and the defense of retaliatory termination state that the problem will be fixed (unless arises, unless the plaintiff establishes the landlord agrees to do it by a certain by a preponderance of the evidence date) and that the cost of repair will be paid that the termination of tenancy was from the rent withheld. Keep all receipts and not in retaliation for the acts. note the dates of repair; send copies to the 2) The landlord’s breach of the warranty landlord, along with the remaining portion of of habitability and duty to repair. The the rent. tenant must show that the landlord was provided with notice of the problem and given a reasonable amount of time Note: The repair-and-deduct method may to fix the problem. The tenant must work well for small repairs. It may NOT show that the landlord failed to make work for large repairs. the necessary repairs. 3) Rent was properly withheld and escrowed. The tenant must be able to Q1 How much rent should be withheld? show that “but for the repair and maintenance required, he or she was The amount of rent withheld must ready, willing, and able to pay the reasonably relate to the cost of fixing the rent.” problem or to the amount of damage the tenant has incurred because of the landlord’s The eviction process takes time—from start failure to fix the problem. Withhold less for a to finish, it takes as few as 21 days or as many clogged drain. Withhold more for an unusable as 57 days to evict a tenant. In the meantime, toilet or shower. Only the most catastrophic the landlord has mortgages, taxes, and bills to problems will warrant withholding ALL of the pay. Financial pressure may cause the landlord rent. In any event, the amount withheld must to negotiate. If the landlord will not negotiate, be deposited into an escrow account. and if the tenant has carefully documented all communications about the needed repair and maintenance, the tenant may well succeed in Q2 What if the tenant lawfully withholds the lawsuit for eviction. rent and the landlord starts the eviction process? Both the landlord and the tenant should remember, in many disputes, the basic issues If the landlord has a run-in with the become obscured by personal disagreements municipal code enforcement office OR if the that develop and continue to grow and fester. landlord does not receive the rent, he or she If an agreement cannot be reached, try may well decide to start the process for mediation—either before a lawsuit is filed or evicting the tenant. Nevertheless, Michigan law after. Mediation might help to empower the provides the tenant—who was acting lawfully— parties to use their own problem-solving skills, with certain defenses. The tenant, however, take responsibility, and find solutions that best must be able to prove the facts giving rise to meet their needs, while strengthening the the defense: landlord-tenant relationship. 1) A claim of retaliatory eviction. Under MCL 600.5720, there exists a presumption of retaliation if the landlord started the eviction

28 Additional Considerations

The courts have permitted the eviction of Civil Rights tenants who violate a lease provision The Federal Fair Housing Act (generally, 45 prohibiting tenants from maintaining pets in a USC 3601 to 3619) and the Michigan Elliott- rental unit. Larsen Civil Rights Act (MCL 37.2101 to 37.2804) prohibit discrimination in housing throughout the State of Michigan on the basis Smoking of race, color, religion, national origin, sex, familial status (presence of children under the A landlord can restrict tenants who smoke age of 18 or pregnancy), disability, marital to certain apartments or buildings or can status, and age. In some communities, local fair refuse to rent to smokers. In Michigan Attorney housing ordinances protect against housing General Opinion No. 6719, released May 4, discrimination on additional basis such as 1992, the Attorney General stated “neither source of income, sexual orientation, gender state nor federal law prohibits a privately- identity, educational association, and/or owned apartment complex from renting only to political orientation. For further information non-smokers or, in the alternative, restricting regarding the classes of persons protected by smokers to certain buildings within an federal, state, or local fair housing laws or to apartment complex.” Michigan’s laws relating register a complaint of unlawful housing to smoking in food establishments (MCL discrimination, contact your local Fair Housing 333.12901 to 333.12902) and other public Center, the Michigan Department of Civil places (MCL 333.12601 to 333.12616) do not Rights, or the U.S. Department of Housing and apply to rental apartments or buildings. Urban Development. However, some communities have attempted to adopt ordinances to impose stricter rules on smoking. Check with your municipality to Housing Codes, Smoke Detectors determine whether they have any such ordinances. Some communities have adopted housing codes or other specific requirements that may affect the condition or equipment requirements of residential rental property. These include Lead-Based Paint the requirement that smoke detectors be installed in housing or that residents comply Since the latter part of 1996, landlords with recycling ordinances. Be sure to check must provide tenants who are renting units with the local unit of government to see if the built before 1978 with certain information rental property is affected. concerning lead-based paints. This information includes a federal government pamphlet entitled: Pet Restrictions ■ Protect Your Family From Lead in Your Home Landlords can include a provision in the lease that restricts tenants from maintaining and a form entitled: pets in a rental unit or impose a pet fee. A ■ Disclosure of Information on Lead- landlord cannot discriminate against a person Based Paint and/or Lead-Based Paint who maintains a guide, hearing, service, and/or Hazards (Rentals) companion animal (The Fair Housing Act, 42 USC 3604(f)(3)(B), 24 CFR 100.204). There are exceptions to this federal Additionally, service and companion animals requirement, including commercial rentals, are not considered to be pets, and should not zero-bedroom efficiency apartments, and rental be subject to pet fees or overly restrictive units certified as lead-free by a qualified lead animal policies. abatement inspector.

29 A Renovate Right pamphlet is required when renovation activities or activities that Medical Marijuana disturb painted surfaces containing lead are Tenants that have legally obtained a conducted within rental properties (40 CFR medical license for marijuana are encouraged 745.84, and Michigan Administrative Code R to notify their landlord if they intend to smoke 325.99409, Michigan Lead Hazard Control Rules). marijuana in or on their rental property. The renovator is required to comply with the Additionally, tenants should consult with their regulations. It is important to contact lead prospective landlords if they intend to grow inspectors/risk assessors in your area in order marijuana for medical use. If contained in a to determine whether landlords are required to written lease, landlords do have the right to undertake ongoing lead testing. prohibit the tenant from smoking marijuana or For information, contact the National growing marijuana on the landlord’s premises, Lead Information Center Clearinghouse even if the tenant has a valid medical license at 1-800-424-LEAD[5323] or at (MCL 333.26427(c)(3)). www2.epa.gov/lead/forms.

Note: In Detroit, ongoing lead risk Bed Bugs assessments are required every 2-3 years for landlords to maintain their eligibility to While current state law does not address rent homes to tenants. Additional bed bugs directly, there are a number of tools information can be found at the Michigan available to tenants with bed bug concerns. As Department of Health and Human Services, discussed under Repair and Maintenance, a www.michigan.gov/mdhhs. landowner has a statutory obligation under MCL 554.139 to repair defects about which he or she knows or should have known, but does not have a duty to regularly inspect the premises to search for defects. As such, a tenant who believes that bed bugs are present must notify the landlord that they believe a problem exists.

Note: For additional assistance on landlord/tenant special circumstances and considerations, please seek attorney services and/or competent legal advice.

30 Appendices

Sample Residential Lease Agreement ...... 32

Sample Residential Sublease Agreement ...... 37

Sample Roommate Agreement ...... 38

Sample Lead-Based Paint Disclosure Form ...... 40

Sample Inventory Checklist ...... 41

Samples of Tenant’s Letters to Landlord ...... 43

Samples of Landlord’s Letters to Tenant ...... 48

Court Forms Prepared by the Michigan State Court Administrative Office ...... 50

The Sample Documents are the product of the MSU College of Law Housing Law Clinic. Additional information is available from

MSU College of Law Housing Law Clinic (517) 336-8088, Option 2 [email protected] www.law.msu.edu/clinics/rhc

Official Court Forms: Michigan State Court Administrative Office courts.mi.gov/scao

31 Sample Residential Lease Agreement (page 1 of 5) RESIDENTIAL-LEASE AGREEMENT NOTICE: MichiganMichigan lawlaw establishes establishes rightsrights andand obligationsobligations forfor partiesparties to rentalrental agreements.agreements. ThisThis agreement agreement isis requiredrequired to complycomply withwith the Truth in TruthRenting in Act.Renting If you Act. have If youa question have a questionabout the about interpretation the or interpretation or legality of a provision of this agreement, you legalitymay want of a toprovision seek assistance of this agreement,from a lawyer you or may other want qualified to seek assistance from an attorneyperson. or other qualified person. We Agree That

______, (Landlord’s Name(s)) Leases To (1)______(Tenant’s Name)

(2)______(Tenant’s Name)

(3)______(Tenant’s Name)

(4)______(Tenant’s Name) The Following Premises To Be Used For Private Residential Purposes Only ______(Street Address, City, State, and Zip Code)

For A Term Month-To-Month Beginning ______, 20____, and Beginning ______, 20____. Ending ______, 20____.

(a) JOINT AND SEVERAL TENANCY: If more than one person signs this lease as a Tenant, their obligations are joint and several. This means that each person is responsible not only for his or her individual obligations, but also for the obligations of all other Tenants. This includes paying rent and performing all other terms of this lease. A judgment entered against one or more Tenant(s) does not bar an action against the others. Each Tenant must initial this paragraph: (1) ____, (2) ____, (3) ____, (4) ____.

(b) RENT: Tenant must pay Landlord, as rent for the entire term, a total of $______, being $______each month, beginning ______, 20____, and the same amount on or before the 1st business day of each succeeding month. Rent must be paid to the Landlord at the following address: ______(Street Address, Apartment, City, State, and Zip Code)

(1) ______(2) ______(3) ______(4) ______(Each tenant must initial.) MSU LAW © Page 1 of 5 Pages

32 Sample Residential Lease Agreement (page 2 of 5)

(c) DISCOUNTED RENT: If Landlord receives the rent on time, Tenant will be granted a $______discount. (c) DISCOUNTEDThe discount is meant RENT: to encourage If Landlord prompt receives payment the rent of onrent. time, Late Tena rentnt maywill subjectbe granted the aTenant $______discount. to eviction Theproceedings discount and is meant liability to encouragefor damages. prompt payment of rent. Late rent may subject the Tenant to eviction (d) SECURITYproceedings and DEPOSIT: liability for Tenant damages. must pay Landlord $______on ______, 20____, which (d) SECURITYLandlord holds DEPOSIT: as a security Tenant deposit must for payTenant’s Landlord performance $______of on all ______the terms of this ____, lease. 20____, The security which depositLandlord must holds be asdeposited a security at depositthe following for Tenant’s financial performance institution ofand all may the beterms mingled of this with lease. the Thesecurity security deposits ofdeposit Landlord’s must be other deposited tenants: at the following financial institution and may be mingled with the security deposits of Landlord’s other tenants: ______(Name of Financial Institution, Street Address, City, State, and Zip Code) (Name of Financial Institution, Street Address, City, State, and Zip Code)

NOTICE: You must notify your landlord in writing within 4 days after you move of a forwarding address where you can be reached and where you will receive mail; otherwise your landlord shall be relieved of sending you an itemized list of damages and the penalties adherent to that failure. and the penalties adherent to that failure. (e) NONREFUNDABLE CLEANING FEE: Tenant must pay a nonrefundable cleaning fee of $______at the (e) beginningNONREFUNDABLE of the lease term. CLEANING FEE: Tenant must pay a nonrefundable cleaning fee of $______at the beginning of the lease term. (f) OCCUPANCY: Only the persons who sign this lease may reside at the premises. If more than ______persons (f) occupyOCCUPANCY: the premises, Only the the Landlord persons may who te signrminate this thislease tenancy may resi orde assess at the addi premises.tional rent If more of $______than ______each persons month for eachoccupy additional the premises, person. the Occupancy Landlord may must terminate not exceed this tenancythe number or assess mandated additional by localrent of ordinance. $______This each premises month for is licensedeach additional for ____ person. persons. Occupancy Tenant may must accommodate not exceed the guests number for reasonable mandated periods by local (up ordinance. to 2 weeks); This other premises is arrangementslicensed for ____ require persons. Landlord’s Tenant consent. may accommodate guests for reasonable periods (up to 2 weeks); other arrangements require Landlord’s consent. Note: If the premises is located in the city of East Lansing, the occupancy limit must be displayed on the license and Note: posted If the premises in the premises. is located The in citythe citymay of fine East violators Lansing, $500 the occupancya day for over-occupancy. limit must be displayed on the license and posted in the premises. The city may fine violators $500 a day for over-occupancy. (g) SLEEPING ROOMS: Basements, attics, and other rooms must not be used as sleeping rooms if they do not (g) complySLEEPING with theROOMS: local ordinance Basements, for windows,attics, and minimum other rooms squa mustre footage, not be usedexits, as and sleeping ventilation. rooms Thisif they is meantdo not to protectcomply Tenant’swith the localhealth ordinance and safety. for The windows, following minimum areas squamayre not footage, be used exits, as sleeping and ventilation. rooms: This is meant to protect Tenant’s health and safety. The following areas may not be used as sleeping rooms: ______, ______, ______, ______. ______, ______, ______, ______. Note: The city of East Lansing may fine violators $500 or they may be sentenced up to 90 days in jail.. Note: The city of East Lansing may fine violators $500 or they may be sentenced up to 90 days in jail.. (h) KEYS/LOCKS: Tenant will receive ____ keys from the Landlord. On or before the termination of this lease, (h) TenantKEYS/LOCKS: must return Tenant all keys will or receiveTenant ____will be keys charge fromd $______the Landlord. for On changing or before the the locks. termination If Tenant of thisloses lease, the keysTenant or mustgets lockedreturn allout keys of the or premises, Tenant will Landlord be charge willd $______provide an extra for changingkey to Tenant the locks. and may If Tenant charge loses Tenant the $______.keys or gets locked Tenant out must of the never premises, gain entrance Landlord to willthe premisesprovide anby extra force key through to Tenant a window and may or door, charge or Tenant $______.otherwise without Tenant a key. must Tenant never mustgain entrancenot change to thore add premises locks withoutby force Landlord’s through a window written consent.or door, or otherwise without a key. Tenant must not change or add locks without Landlord’s written consent. (i) UNAUTHORIZED USE OF MAILING ADDRESS: Only a Tenant may use the mailing address of the (i) premises.UNAUTHORIZED Allowing someoneUSE OF elseMAILING to use the ADDRESS: mailing address Only will a Tenant increase may the use monthly the mailing rent $______.address of the premises. Allowing someone else to use the mailing address will increase the monthly rent $______. (j) CONDITION OF PREMISES AT THE BEGINNING OF TENANT’S OCCUPANCY: Tenant (j) acknowledgesCONDITION receiptOF PREMISES of two blank AT copies THE ofBEGINNING an inventory OFchecklist. TENANT’S Tenant OCCUPANCY: must complete bothTenant checklists andacknowledges return one receipt to the of Landlord two blank within copies 7 of days an inventoryafter Tenant checklist. takes possessionTenant must of completethe premises. both Except checklists for thoseand return items specificallyone to the Landlord noted by thewithin Tenant 7 days in detail after on Tenant the inventory takes possession checklist, Teof nantthe premises. accepts the Except premises, for andthose the items appliances specifically and furnishings, noted by the in Tenant good condition. in detail on The the inventoryinventory checklistchecklist, is Te usednant only accepts to assess the premises, damages and isthe not appliances a warranty and or furnishings, promise by inLandlord good condition. that any item The listedinventory on the checklist checklist, is used but not only present to assess on thedamages andpremises, is not willa warranty be provided. or promise by Landlord that any item listed on the checklist, but not present on the premises, will be provided. (k) APPLIANCES AND OTHER FURNISHINGS PROVIDED: Tenant must not remove or loan any item (k) providedAPPLIANCES with the AND premises. OTHER Landlord FURNISHINGS will provide PROVIDED: the following checkedTenant must items: not remove or loan any item provided with the premises. Landlord will provide the following checked items: ’ Stove ’ ______’ ______’ Stove ’ ______’ ______

(1) ______(2) ______(3) ______(4) ______(Each tenant must initial.) MSU LAW © Page 2 of 5 Pages (1) ______(2) ______(3) ______(4) ______(Each tenant must initial.) MSU LAW © Page 2 of 5 Pages

33 Sample Residential Lease Agreement (page 3 of 5)

’ Refrigerator ’ ______’ ______’ RefrigeratorDishwasher ’ ______’ ______’ DishwasherWasher and Dryer ’ ______’ ______(l) SMOKE’ Washer DETECTORS: and Dryer Landlord’ ______must install smoke-detection devices’ ______as required by law. The premises contain _____ smoke-detection devices, all working satisfactorily. Once the tenancy begins, Tenant must (l) SMOKE DETECTORS: Landlord must install smoke-detection devices as required by law. The premises regularlycontain _____ test the smoke-detection detectors to ensure devices, that allthey working are wo rking.satisfactorily. Tenant mustOnce neverthe tenancy remove begins, the battery Tenant from must the smoke-detectionregularly test the devicedetectors except to ensure when that necessary they are to woreplacerking. it. Tenant Tenant must must never inform remove the Landlord the battery immediately, from the in writing,smoke-detection of any defect device or exceptmalfunction when necessaryin its operation. to replace it. Tenant must inform the Landlord immediately, in writing, of any defect or malfunction in its operation. (m) ALTERATIONS: Tenant must not alter the premises without the Landlord’s written consent (e.g., painting, wallpapering, installing locks). Landlord will discuss with Tenant a preferred method of hanging pictures and (m) ALTERATIONS: Tenant must not alter the premises without the Landlord’s written consent (e.g., painting, posters.wallpapering, Tenant installing is responsib locks).le for Landlord damage will to the discuss walls wbeyondith Tenant reasonable a preferred wear met andhod tear. of hanging pictures and posters. Tenant is responsible for damage to the walls beyond reasonable wear and tear. (n) REPAIRS AND MAINTENANCE: Landlord must provide and maintain the premises in a safe, habitable, and fit condition. Tenant must notify Landlord IMMEDIATELY, BY PHONE at ______of (n) REPAIRS AND MAINTENANCE: Landlord must provide and maintain the premises in a safe, habitable, andany fitgas condition. leaks, electrical Tenant problems, must notify water Landlord damage, IMMEDI brokenATELY, appliances, BY orPHONE serious at structural ______damage. of Tenantany gas must leaks, notify electrical Landlord, problems, in writing, water of damage,all other problemsbroken appliances, needing repair. or serious Landlord structural must make damage. all repairs toTenant the premises must notify that, Landlord, in Landlord’s in writing, sole judgment, of all other are problems required needingby law. repair.Landlord Landlord must make must every make effort all repairs to do soto thewithin premises a reasonable that, in time.Landlord’s Whenever sole judgment,repairs are are de layedrequired for byreasons law. beyondLandlord the must Landlord’s make every control, effort the to do Tenant’sso within obligationsa reasonable are time. not affected,Whenever nor repairs does anyare declaimlayed accrue for reasons to Tenant beyond against the theLandlord’s Landlord. control, Landlord the must maintainTenant’s obligationsthose things are requiring not affected, periodic nor maintenan does any ceclaim (e.g., accrue heating, to Tenant air conditioning, against the cracked Landlord. windows). Landlord must maintain those things requiring periodic maintenance (e.g., heating, air conditioning, cracked windows). (o) PIPE-FREEZE PREVENTION: If Tenant plans to be away from the premises for any length of time, the heat must be left on during the cold season and the windows closed to avoid broken pipes and water damage. (o) PIPE-FREEZE PREVENTION: If Tenant plans to be away from the premises for any length of time, the heat must be left on during the cold season and the windows closed to avoid broken pipes and water damage. (p) REPAIRS DUE TO TENANT’S NEGLIGENCE: Damage to the premises caused by Tenant’s negligence, or their guest’s or invitee’s negligence, whether by act or omission, will be repaired by Landlord and charged to (p) REPAIRS DUE TO TENANT’S NEGLIGENCE: Damage to the premises caused by Tenant’s negligence, theor their Tenant. guest’s Whenever or invitee’s repairs negligence, are delayed whether for reasons by act beyondor omission, Landlord’s will be control, repaired Tenant’s by Landlord obligations and charged are not to affected,the Tenant. nor Whenever does any claim repairs accrue are delayed to the Tenant for reasons agains beyondt Landlord. Landlord’s Tenant control, must immediately Tenant’s obligations pay the repair are not costsaffected, as additional nor does anyrent. claim If Tenant accrue fails to the to doTenant so, Landl againsordt Landlord. may take legal Tenant action must to immediatelyrecover any unpaidpay the rent. repair costs as additional rent. If Tenant fails to do so, Landlord may take legal action to recover any unpaid rent. (q) LANDLORD’S RIGHT OF ENTRY: Landlord, or Landlord’s agent, may enter the premises at reasonable times, with ____-hours notice to the Tenant, to examine, protect, make repairs or alterations, or show (q) LANDLORD’S RIGHT OF ENTRY: Landlord, or Landlord’s agent, may enter the premises at reasonable prospectivetimes, with ____-hoursrenters and noticepurchasers. to the InTenant, emergency to examin situations,e, protect, Landlo makerd isrepairs not required or alterations, to give orTenant show notice. If emergencyprospective entryrenters occurs, and purchasers. Landlord must, In emergency within 2 days, situations, notify Landlo Tenantrd of is the not date, required time, to and give reason Tenant for notice. the entry. If emergency entry occurs, Landlord must, within 2 days, notify Tenant of the date, time, and reason for the entry. (r) USE OF THE PREMISES: Tenant must use the premises for private residential purposes only. Tenant must not do any of the following, or allow someone else to do any of the following: (r) USE OF THE PREMISES: Tenant must use the premises for private residential purposes only. Tenant must not9 Harass, do any annoy,of the following, or endanger or anyallow other someone tenant else or ne toighbor, do any or of their the following: guests, or create any excessive noise 9 orHarass, public annoy, nuisance, or endanger any other tenant or neighbor, or their guests, or create any excessive noise 9 orDo public anything nuisance, to the structure or its surroundings that may be hazardous or that will cause Landlord’s 9 insuranceDo anything to beto thecancelled structure or premiumsor its surroundings to increase, that may be hazardous or that will cause Landlord’s 9 insuranceKeep any flammableto be cancelled or explosive or premiums materials to increase, or any dangerous, hazardous, or toxic substance in or 9 aroundKeep any the flammable premises, or explosive materials or any dangerous, hazardous, or toxic substance in or 9 aroundDeface theor damage, premises, or allow another to deface or damage, any part of the premises, 9 ChangeDeface orthe damage, locks or or install allow any another additional to def lockace ors or damage, bolts without any part Landlord’s of the premises, written consent, 9 PlaceChange a waterbedthe locks oror otherinstall heavy any additional article on lockthe premisess or bolts withoutwithout Landlord’sLandlord’s writtenwritten consent,consent, 9 PlacePour any a waterbed commercial or other anti-clogging heavy article agent on intothe premisesthe sink or without drain thatLandlord’s may harm written the water consent, pipes, or 9 InstallPour any any commercial antenna or anti-cloggingsatellite without agent Landlord’s into the siwrittennk or drainconsent. that may harm the water pipes, or 9 Install any antenna or satellite without Landlord’s written consent. (s) ILLEGAL DRUG USE: Tenant must not violate, or knowingly allow another to violate, federal, state, or local laws regarding the use of controlled substances or the use of alcohol by minors in or around the premises. (s) ILLEGAL DRUG USE: Tenant must not violate, or knowingly allow another to violate, federal, state, or Whenlocal laws aware regarding of a violation the use of of this controlled provision, substances Landlord orwill the file use a formalof alcohol police by report.minors Landlordin or around may the recover premises. possessionWhen aware of of the a violationpremises ofby thissummary provision, proceedings Landlord wh willen fileTenant a formal holds police over the report. premises Landlord for 24 may hours recover after servicepossession of a of written the premises demand by for summary possession proceedings for termination when ofTenant this Le holdsase underover the this premises provision. for 24 hours after service of a written demand for possession for termination of this Lease under this provision.

(1) ______(2) ______(3) ______(4) ______(Each tenant must initial.) MSU LAW © Page 3 of 5 Pages (1) ______(2) ______(3) ______(4) ______(Each tenant must initial.) MSU LAW © Page 3 of 5 Pages

34 Sample Residential Lease Agreement (page 4 of 5)

(t) PETS: Dogs, cats, or other pets are not allowed on the premises without Landlord’s written consent. If Landlord’s written consent is given, Tenant agrees to pay a nonrefundable pet fee of $______.

(u) PARKING: Landlord will provide parking for Tenant’s automobiles. Tenant must keep the parking area free of all debris. Automobiles must be parked only in assigned areas as follows: CAR #1______(year, make, model, and plate number), belonging to ______must be parked ______. CAR #2______(year, make, model, and plate number), belonging to ______must be parked ______. CAR #3______(year, make, model, and plate number), belonging to ______must be parked ______. CAR #4______(year, make, model, and plate number), belonging to ______must be parked ______.

(v) MISCELLANEOUS COSTS AND OBLIGATIONS: Check the appropriate boxes below: ’Tenant ’Landlord ’Not Applicable pays for electricity. ’Tenant ’Landlord ’Not Applicable pays for gas or fuel oil. ’Tenant ’Landlord ’Not Applicable pays for water and sewage. ’Tenant ’Landlord ’Not Applicable pays for trash removal. ’Tenant ’Landlord ’Not Applicable must dispose of all trash by placing in a designated container. ’Tenant ’Landlord ’Not Applicable must mow the lawn. ’Tenant ’Landlord ’Not Applicable must water the lawn. ’Tenant ’Landlord ’Not Applicable must rake the leaves. ’Tenant ’Landlord ’Not Applicable must remove snow and ice from the driveway, parking area, walkway, and steps. ’Tenant ’Landlord ’Not Applicable must change the screens and storm doors as weather dictates. ’Tenant ’Landlord ’Not Applicable must ______. ’Tenant ’Landlord ’Not Applicable must ______. ’Tenant ’Landlord ’Not Applicable must ______. ’Tenant ’Landlord ’Not Applicable must ______.

(w) PEACEFUL AND QUIET USE OF PREMISES: In exchange for Tenant’s timely payment of rent and performance of all the terms of this lease, Landlord must provide peaceful and quiet use of the premises throughout the tenancy.

(x) SUBLET AND ASSIGNMENT: Tenant must not sublet the premises or assign any interest in this lease without Landlord’s written consent (not to be unreasonably withheld). If Landlord gives written consent, Landlord must also provide Tenant with an appropriate sublease form.

(y) RENTER’S INSURANCE: Tenant is strongly advised to carry renter’s insurance on his or her personal property (e.g., clothing, furniture, household items). Landlord is not responsible for damage to Tenant’s personal property, unless Landlord’s negligence or intentional act or omission causes the damage.

(z) LEASE ADDENDUM, RULES, AND REGULATIONS: If the premises is located in the City of East Lansing, the East Lansing Lease Addendum must be attached. Additional pages or rules and regulations, signed by all parties, are incorporated as part of this Lease, and Landlord must provide copies to the Tenant.

(1) ______(2) ______(3) ______(4) ______(Each tenant must initial.) MSU LAW © Page 4 of 5 Pages

35 Sample Residential Lease Agreement (page 5 of 5)

(aa) BREACH OF LEASE AND RIGHT TO RE-ENTER AND REGAIN POSSESSION: If Tenant fails to pay (aa) rentBREACH or violates OF anyLEASE other AND term ofRIGHT this lease, TO LandlordRE-ENTER may ANDterminate REGAIN the tena POSSESSION:ncy, re-enter the Ifpr Tenantemises, failsand regainto pay possessionrent or violates in accordance any other termwith ofthe th law.is lease, If Landlord Landlord violates may terminate any term the of tenathis ncy,lease, re-enter Tenant the may pr terminateemises, and the regain tenancy. (bb) CONDITIONpossession in accordance OF THE withPREMISES the law. ATIf Landlord THE END violates OF TENANT’Sany term of this OCCUPANCY: lease, Tenant may At theterminate end of the tenancy. (bb) Tenant’sCONDITION occupancy, OF THE Landlord PREMISESmust complete AT THE a terminationEND OF TENANT’S inventory checklist OCCUPANCY: to assess damages At the end that of LandlordTenant’s occupancy,claims were Landlord caused bymust the completeTenant. This a termination includes unpaid invent oryrent, checklist unpaid utilities,to assess and damages damages that beyond reasonableLandlord claims wear andwere tear. caused Tenant by the may Tenant. ask to Thisbe presen includest when unpaid the termination rent, unpaid inventory utilities, andchecklist damages is to beyond be completed.reasonable wear Landlord and tear. must Tenant mail to may the Tenant,ask to be within presen 30t when days ofthe Tenant’s termination termination inventory of checklist occupancy, is to an be itemizedcompleted. list Landlordof damages must claimed mail to for the which Tenant, the withinsecurity 30 deposit days of may Tenant’s be used—provided, termination of ofoccupancy, course, that an the Tenantitemized has list given of damages a forwarding claimed address. for which the security deposit may be used—provided, of course, that the Tenant has given a forwarding address. (cc) END OF LEASE TERM: When the lease term ends, Tenant must promptly vacate the premises, remove all (cc) personalEND OF property,LEASE TERM: and return When all the keys lease. Tenant term ends, must Tenantdispose must of all promptly trash and vacateleave the the premises,premises clean. remove all personal property, and return all keys. Tenant must dispose of all trash and leave the premises clean. (dd) CHANGES TO THIS LEASE: This lease, and any additional pages or rules and regulations incorporated, (dd) containsCHANGES the entire TO THIS agreement LEASE: between This La lease,ndlord and and any Tenant; additional no oral pages agreement or rules andis valid. regulati Changesons incorporated, to the terms of thiscontains Lease the must entire be agreement in writing, between signed byLa ndlordall parties and .Tenant; no oral agreement is valid. Changes to the terms of this Lease must be in writing, signed by all parties. (ee) ENFORCEMENT OF LEASE PROVISIONS: Failure to strictly enforce any provision of this lease, by (ee) eitherENFORCEMENT the Landlord orOF the LEASE Tenant, PROVISIONS: does not constitute Failure acceptance to strictly of a enforce change anyin its provision terms. Landlord of this lease, and byTenant areeither still the obligated Landlord to or perform the Tenant, as indicated does not in constitute this lease. acceptance of a change in its terms. Landlord and Tenant are still obligated to perform as indicated in this lease. (ff) ADDITIONAL PROVISIONS: ______(ff) ______ADDITIONAL PROVISIONS: ______.______. This RESIDENTIAL-LEASE AGREEMENT is signed on ______, 20____. This RESIDENTIAL-LEASE AEachGREEMENT person is who signed signs on it______, 20____. acknowledges,Each person by their who signature, signs it that they have readacknowledges, it, understand by their it, and signature, voluntarily that agree to it. Further,they have each read person it, understandis mentally competentit, and voluntarily and 18 yearsagree or to older.it. Further, each person is mentally competent and 18 years or older. Landlord’s Signature(s): ______Landlord’s Signature(s): ______Tenant’s Signature(s): ______Tenant’s Signature(s): ______

This document was drafted as a community-service project This document was bdraftedy student as aresidents community-service project under the supervisionby student of residents clinical faculty at the under the supervision of clinical faculty at the MSU COLLEGE OF LAW RENTAL HOUSING CLINIC MSU COLLEGE541 E. Grand OF LRiverAW Avenue,RENTAL P.O.H OUSINBox 310G CLINIC 541 E. GrandEast Lansing,River Avenue, MI 48826 P.O. Box 310 Phone (517East) 336-8088, Lansing, MIFax 48826(517) 33 6-8089 Phone (517) 336-8088, Fax (517) 336-8089

(1) ______(2) ______(3) ______(4) ______(Each tenant must initial.) ©MSU-COL Page 5 of 5 Pages (1) ______(2) ______(3) ______(4) ______(Each tenant must initial.) ©MSU-COL Page 5 of 5 Pages

36 Sample Residential Sublease Agreement RESIDENTIAL SUBLEASE AGREEMENT !!!NOTICE!!!!!!NOTICE!!! MichiganMichigan law law establishes establishes rightsrights andand obligationsobligations for partiesparties to rental agreements.agreements. This agreement is requiredrequired toto complycomply withwith the Truth in RentingRenting Act. IfIf you you have have a a question question aboutabout thethe interpretationinterpretation or or legality legality of of a a provisionprovision of this agreement, you maymay wwantant ttoo seekseek assistance assistance from from an a attorneylawyer or or other other qualified qualified person. person. This Sublease Agreement is made between ______, the "Sublessor,'' and ______, the "Sublessee,'' together referred to as the "Parties.'' The Parties agree that the Sub lessee will lease from the Sublessor a portion of the Suble ssor's interest in the premises located at ______, Michigan on the following terms: 1. Lease Term. The lease term is for a period of _____, beginning on ______and ending on ______. 2. Rent. Sublessee will pay a total monthly rent of$______. Rent shall be payable on the first day of each month directly to the Sublessor at the following address------. 3. Master Lease. In addition to the terms and conditions of this Sublease Agreement, the Sublessee agrees to be bound by all the terms and conditions of the Master Lease between Sublessor and the Landlord, ------. A copy of the Master Lease is attached and incorporated into this Sublease Agreement by reference. Other representations, not included here or in the Master Lease, are not binding on the Parties. 4. Security Deposit. Sublessee will pay$ ____ to Sublessor as a security deposit. At the end of the lease term, only amounts allowed by law may be retained from the security deposit, and the remainder, if any, shall be returned to Sublessee in accordance with Michigan law. The security deposit may not be used as the last month's rent. 5. Inventory Checklist. At the time Sublessee takes possession of the premises, the Sublessor will provide him or her with an inventory checklist. Sublessee will complete and return the checklist to the Sublessor within 7 days. 6. Utility, Internet and Telephone Service Charges. The Sublessee will pay ___% of all utility charges (water, gas, electric, and cable). Sublessor has taken any telephone service and internet service out of his/her name. Sublessee will be responsible for any telephone or internet service in sublessee's name. 7. Condition of the Apartment. Sublessee acknowledges that he or she has examined the premises and that it is in satisfactory condition. Upon the termination of this Sublease Agreement for any cause whatsoever, Sublessee will restore the premises to their original satisfactory condition, except for reasonable wear and tear. Sublessee is responsible forthe repair of any damage resulting from his or her act or neglect of that of their guests. 8. Holdover. Sublessee will promptly vacate the premises at the end of the lease term. Holding over is not allowed. 9. Subleasing and Assignment. Sublessee may not sublease or assign their interest in the premises to another without Sub lessor's written consent. JO. Parental Consent and Guarantee. If the Sublessee is under eighteen (I 8) years of age, his or her legal guardian or parent, by their signature, guarantees and agrees to perform all the terms and conditions of this Sublease Agreement. 11. ThisAgreement is Completeand Binding. All preliminary negotiations between the Parties are merged into, and superseded by, the terms of this Sublease Agreement. This Sublease Agreement becomes enforceable when signed by both Parties. Any modificationt o this Sublease Agreement must be in writing, signed by both Parties. 12. Other Terms and Conditions ______13. Landlord's Consent. This Sublease Agreement is not binding on either Party unless the Landlord gives consent by signing below. The Master Lease requires this approval. 14. MediationAgreement. If a dispute arises out of or relates to this contract, or its breach, and if the dispute cannot be settled through negotiation, the Parties agree first to try in good faith to settle the dispute by mediation under the Mediation Rules of the American Arbitration Association before resorting to some other dispute resolution procedure.

The Parties having read, having understood, and having agreed to the above terms, sign their names as follows:

Sublessor Date Sublessee Date Landlord Date

This document was draftedas a community-serviceproject by student residents under the supervision of clinical facultyat the MICHIGANSTATE UNIVERSITYCOLLEGE OF LAW RENTAL HOUSING CLINIC 541 E. Grand River Avenue, P.O. Box 310, East Lansing, Ml 48826, Phone (517) 336-8088, Fax (517) 336-8089

©MSU-COL

37 Sample Roommate Agreement (page 1 of 2)

Attach copy of lease or rental agreement and landlordʼs house rules. RoommateAgreement (Each roommate should receive a copy of this agreement)

We have signed a lease/rental agreement for (address) on (date). We hope to make certain that responsibilities of renting will be shared equally by all roommates. It is for this reason that we are signing this agreement. ROOMMATES The roommates of the above address are:

TERMS This agreement shall remain in effect from to . Under a month-to-month tenancy, each roommate must give the other roommate(s) and landlord thirty days written and/or oral notice in advance, if the roommate will be moving out before date shown above. The roommate may leave if a substitute roommate is found and is acceptable to the remaining roommate(s) and the landlord. Each roommate will be primarily responsible for finding his/her own replacement tenant. Under a lease agreement, the departing roommate will be responsible for upholding the lease agreement until, and possibly after, a replacement or sublessee is found. The landlord should be notified of any pending roommate switch, so that proper arrangements can be made. The departing roommate will be responsible for his/her original portion of the rent, unless other arrangements are made in a written agreement with the roommate(s) and landlord. DEPOSIT The roommate(s) have paid a security deposit of . List amount each roommate has paid:

Each roommate is responsible for charges associated with the damages he/she or his/her guest(s) cause. If the cause cannot be determined, then the roommates will split the cost of damages equally. RENT Each roommate shall pay the following amount of rent: . Amounts may not be equal. The rent shall be paid on the day of each month. Rent will be paid in the following manner (list all rental rates) . PETS If pets are permitted under the lease, each pet owner shall be responsible for all damages caused by his/her pet. This includes damage to furniture, carpeting, blinds, doors, lawn, and garden. HOUSEHOLD SUPPLIES A single ledger will be kept of all supplies purchased by each roommate. The supplies include such things as paper towels, toilet paper, cleaning fluids, dish detergent, foil, plastic trash bags, scrub brushes, and any other goods needed for the home which will be shared by all roommates. KITCHEN USE AND CLEAN-UP Food expenses shall be shared by all roommates. Preparation of meals shall be determined by an attached schedule which can be flexible. OR Food is to be bought by each roommate. There is to be no borrowing of food without prior approval. A separate space will be provided for each personʼs groceries. Shared meal preparation and clean-up is optional.

This form was prepared by the Housing Information Office, University Housing, University of Michigan, 1 1 011 Student Activities Building, 734-763-3205. Website: www.housing.umich.edu © University of Michigan Rev. 6/02

38 Sample Roommate Agreement (page 2 of 2)

PERSONAL PROPERTY , All roommates agree to refrain from borrowing roommates personal items without prior approval. Exceptions to this should be clearly stated, with the roommates reserving the right to change their minds about the sharing of their items. Property that is borrowed will be used respectfully and returned in the same condition. If damage is done to personal property, the roommate responsible for damage will be held liable. CLEANING AND YARDWORK All roommates agree to share the responsibilities of cleaning and maintenance of the premises. This includes dusting, vacuuming, emptying trash, mopping/waxing floors, cleaning bathrooms, and yardwork. The roommates have decided to develop a schedule which is attached. It states when each roommate will complete the cleaning and maintenance jobs. OR The roommates will work together at a designated time to complete the above jobs. MEDIATION Roommates agree to discuss unresolved roommate problems with an advisor at the University Housing Information Office. Any roommate may initiate this process, which includes consultation and mediation. All roommates agree to make a good faith effort to discuss /obtain a resolution prior to taking any action. ADDITIONAL TERMS OF AGREEMENTS In addition to the items mentioned above, the following items have been known to cause conflict between roommates. If you foresee any of these as a problem, write out any needed additional agreements and attach. Space is provided at right for adding other issues needing specific agreements.

____Smoking/alcohol/drugs ____Parking ____Overnight guests ____

____Cleanup after parties/guests ____Use of sound system ____Behavior of guests ____

____Food/groceries/household supplies ____Phone messages ____Keys ____ , ____Quiet hours for studying ____Compliance with landlord s ____Shared areas (bathroom) ____ and sleeping rules

Each roommate agrees to do his/her own dishes as needed. A schedule of kitchen cleanup may be attached. It will include cleaning the refrigerator and oven, mopping the floors, and emptying the trash.

UTILITIES The following services have been arranged and paid for as follows:

Item Account in Amount of Deposit How Bill Name Roommate Name of Deposit Paid By Shared Responsible for Payment Gas Water Electricity Newspaper Garbage Cable TV Phone

*Charges for unclaimed telephone calls shall be allocated equally among the roommates. Each roommate has been assigned the responsibility for payment of a specific bill. This includes determining the amount owed by each roommate, collecting that amount, and seeing that payment is made before the due date. OR The attached schedule has been developed to assign each roommate the month in which he/she will be responsible for the collecting and payment of all bills. SIGNATURES OF ROOMMATES

39 Sample Lead-Based Paint Disclosure Form

Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards

Lead Warning Statement Every tenant of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The landlord of any interest in residential rental property is required to provide the tenant with any information on lead-based paint hazards from risk assessments or inspections in the landlord’s possession and notify the tenant of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended before taking occupancy. Tenants must also receive a federally approved pamphlet on lead poisoning prevention.

Landlord’s Disclosure (Landlord must initial here: ______) (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below): (i)______known lead-based paint and/or lead-based paint hazards are present in the housing (explain). ______(ii)______Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the Landlord (check (i) or (ii) below): (i)______Landlord has provided the tenant with all available records and reports pertaining to lead- based paint and/or lead-based paint hazards in the housing (list documents below). ______(ii)______Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

Tenant’s Acknowledgment (Tenant must initial here: ______) (c) Tenant has received copies of all information listed above. (d) Tenant has received the pamphlet Protect Your Family from Lead in Your Home. (e) Tenant has (check all that apply): (i)______received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; (ii)______waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.

Agent’s Acknowledgment (Agent must initial here: ______) (f) Agent has informed the landlord of the landlord’s obligations under federal law and is aware of his/her responsibility to ensure compliance.

Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. Penalties and violations could occur for failure to comply with the Federal Lead-Based Paint Disclosure Laws.

Landlord Date Tenant Date

Agent Date Tenant Date

Tenant Date Tenant Date

40 Sample Inventory Checklist INVENTORY CHECKLIST* COMMENCEMENT AND TERMINATION INVENTORY CHECKLIST FORM “YOU MUST COMPLETE THIS CHECKLIST NOTING THE CONDITION OF THE RENTAL PROPERTY AND RETURN IT TO THE LANDLORD WITHIN 7 DAYS AFTER OBTAINING POSSESSION OF THE RENTAL UNIT. YOU ARE ALSO ENTITLED TO REQUEST AND RECEIVE A COPY OF THE LAST TERMINATION INVENTORY CHECKLIST WHICH SHOWS WHAT CLAIMS WERE CHARGEABLE TO THE LAST PRIOR TENANTS.” BEGINNING CONDITION ENDING CONDITION LIVING ROOM DOOR (INCLUDING LOCKS): WINDOWS: CARPET OR FLOOR: WALLS: CEILING: LIGHTS & SWITCHES: OTHER:

DINING ROOM WINDOWS: CARPET OR FLOOR: WALLS: CEILING: LIGHTS & SWITCHES: OTHER:

HALLWAY FLOOR: WALLS: CEILING: OTHER:

KITCHEN WINDOWS: FLOOR: WALLS: CEILING: LIGHTS & SWITCHES: STOVE: REFRIGERATOR: SINK: CABINETS & COUNTER: OTHER:

* Remember! Be specific. Describe any conditions in detailed terms rather than saying “fine” or “acceptable.”

41 BEGINNING CONDITION ENDING CONDITION BEDROOM DOOR: WINDOWS: CARPET OR FLOOR: WALLS: CEILING: LIGHTS & SWITCHES: CLOSET: OTHER:

BATHROOM DOOR: WINDOW: FLOOR: WALLS: CEILING: SINK: TUB AND/OR SHOWER: TOILET: CABINET, SHELVES, CLOSET: TOWEL BARS: LIGHTS & SWITCHES: OTHER:

BASEMENT

GARAGE

FURNITURE INVENTORY Use this if rental unit is furnished; check condition of items and number present. KITCHEN CHAIRS: TABLES: END TABLES: LOUNGE CHAIRS: SOFAS: LAMPS: DESKS: DESK CHAIRS: BOOKCASES: MATTRESSES: DRESSERS:

SIGNATURE OF TENANT(S) ADDRESS OF UNIT SIGNATURE OF LANDLORD LANDLORD’S ADDRESS PHONE NUMBER (LANDLORD) DATE

42 The following are sample letters which may be used in dealing with various landlord-tenant issues. It should be noted that most issues are handled amicably and effectively in conversations or correspondence between landlords and tenants. When this is not the case, and no agreement can be reached, it is best that subsequent communications between the two parties be in writing, with copies being kept as the record. The following sample letters serve as a guide; however, these do not cover every type of landlord-tenant problem which may arise.

Sample of Tenant’s Letter to Landlord

Tenant’s Request for Repair(s)

TO: ______FROM: ______Please make, within a reasonable time, the following NECESSARY REPAIRS to the rental property I am occupying. I have tried my best to explain precisely what is wrong. 1. __________________2. __________________3. __________________4. __________________Please notify me when the repairperson will be at the rental property to make the necessary repairs so that I can be there. My phone number is ______and my work phone number is ______. For now, it is easiest to reach me at ______. For now, it is easiest to reach me: (time of day) Thank you for your prompt attention to this matter. Sincerely, ______Tenant Date

43 Samples of Tenant’s Letters to Landlord

Notice of Tenant’s Intent to Repair and Deduct

TO: ______FROM: ______I requested that repairs be made to my rental property in a letter dated ______. It has been _____ days since I wrote the letter, and the needed repairs have not yet been made. I have contacted three service providers to make the repairs. Enclosed are copies of three estimates for the repairs listed in my previous letter. If I do not hear from you within _____ day(s), I will be hiring the lowest bidder to perform the repairs. ■ I will pay the company myself from rent previously withheld. OR ■ I will pay the company myself and deduct the amount from my next rent payment. Copies of the receipts for the repairs, once they are made, will be forwarded to you. Please take note of the relevant Michigan case law: Where the landlord has covenanted to make repairs and fails to do so, the tenant, after giving reasonable notice to the landlord, may make the repairs and recover the cost of such repairs from the landlord or he [or she] may deduct the cost from the rent. . . . Unless the landlord’s duty to repair is expressly made conditional upon receipt of notice from the tenant, such duty may arise from the landlord’s actual knowledge of the need for repair. . . . The landlord’s duty to maintain in good repair . . . extends to reimbursing the tenant for monies expended . . .. [Anchor Inn v Knopman, 71 Mich App 64, 67 (1976).] Sincerely, ______Tenant Date

Notice of Tenant’s Implementation to Repair and Deduct

TO: ______FROM: ______As stated in my previous letter, dated ______, I have taken action to perform necessary repairs that you have failed to correct. I had the repairs made and paid for them myself, as I said I would do. You are required by Michigan law to keep the premises and all common areas fit for the use intended, and to keep the premises in reasonable repair during the term of the lease, and to comply with the applicable health and safety laws of the state and local governments. I spoke to you about the problems and the need for repair. I wrote you letter(s) dated ______about the need for corrective action. You failed to act within a reasonable amount of time. Therefore, I found it necessary to take action myself. Enclosed are the receipts for all expenditures I have made: ■ I paid for the repair from previously withheld and escrowed rent. OR ■ I will deduct the amount from next month’s rent. Sincerely, ______Tenant Date

44 Samples of Tenant’s Letters to Landlord

Notice of Tenant’s Intent to Withhold Rent Due to Needed Repair

TO: ______FROM: ______I previously informed you, in a letter dated ______, of several problems and the need for repairs at the rental property I am occupying. Since you have not taken any steps to correct the problems, it is necessary for me to take further action. I have opened an escrow account at the following financial institution: Name: ______Address: ______City, State, and Zip Code: ______I have deposited $______from my rent into the escrow account. This shows that I was ready, willing, and able to pay the rent on time—but for certain problems that you, the landlord, are legally responsible for fixing. Once the problems are taken care of, the escrowed rent amount will be released. If you wish to discuss this matter further, contact me at ______. Sincerely, ______Tenant Date

Termination of Occupancy Before End of Lease

TO: ______FROM: ______It has been ______months since we first brought to your attention the need for several repairs on our apartment. Since you have not responded to our letters or phone calls, and have not begun to work to repair the problems at our apartment, we feel that you have broken our lease. You have also violated the “statutory covenant to repair” provided for by Michigan law. Since you have broken our contract, and show no sign of accepting your legal responsibility to maintain the premises, we intend to terminate the occupancy of our apartment on or before ______. We understand your responsibility to inspect the apartment and inform us of any damages—and return the undisputed portion of our security deposit to us—within 30 days of the end of our occupancy of the apartment. We also understand that if you do not submit the above information to us within that time period—or go to court to retain our deposit (should we dispute your claim) within 45 days of the end of our occupancy—we may legally file suit for twice the amount of our security deposit. Since YOU are responsible for breaking the lease, we will not accept a list of damages which includes charges for rent lost for the remainder of our lease. If you wish to discuss this matter further, contact us at ______. Sincerely, ______Tenant Date

45 Samples of Tenant’s Letters to Landlord

Notice of Tenant’s Intent to Vacate and Forwarding Address

TO: ______FROM: ______In accordance with the terms of my lease requiring a _____-day written notice, you are hereby advised of my intent to vacate the rental property located at ______on or before ______. I will turn in my keys to you on ______. Please send my security deposit to me at my FORWARDING ADDRESS: ______If you have any questions, please contact me at ______. Sincerely, ______Tenant Date

Tenant Defense Against Eviction Attempt

TO: ______FROM: ______I received your letter demanding that I be out of my apartment within ______days. Discussion of this with my lawyer reveals that you cannot carry out an eviction without due process of law, which means taking me to court. My defense against eviction will be that I have been withholding rent due to your nonperformance of repairs. I would like to point out to you that I have copies of several letters sent to inform you of the need for repairs, and of the steps I took to obtain repairs. I also have return receipts which prove that you received these letters. In addition, I have proof that I have been maintaining an escrow account into which the full amount of rent money due, or a portion of it, was deposited each month. Also, I have receipts for all repair work and all bills which were paid out of my escrow account. During my tenancy, you have neglected to fulfill your statutory covenant to repair. I do not feel that you have adequate cause to demand my eviction. Please contact my lawyer if you wish to discuss this matter. His or her name is ______. Sincerely, ______Tenant Date

46 Sample of Tenant’s Letter to Landlord

Tenant’s Response to Damages Assessed Against Security Deposit

TO: ______FROM: ______In reponse to the list of damages you sent dated ______, which I didn’t receive until this date, ______, I am writing to dispute the following charges against my security deposit. As required by Michigan law, I am responding to you by ordinary mail, within 7 days of when I received the list, indicating in detail my disagreement relative to the charges listed. Description of Landlord’s Amount to be Claim of Damage Refunded Reason for the Dispute of Charges

A total of all disputed charges amounts to $______. Please refund this amount of my security deposit promptly: $______. Please note that under Michigan law, “the security deposit is considered the lawful property of the tenant until the landlord establishes a right to the deposit or portions thereof...” MCL 554.605. “Within 45 days after termination of occupancy and not thereafter the landlord may commence an action in a court of competent jurisdiction for a money judgment for damages which he [or she] has claimed or in lieu thereof return the balance of the security deposit held by him [or her] to the tenant or any amount mutually agreed upon in writing by the parties.” MCL 554.613. If you wish to discuss this matter with me, please contact me at ______. Sincerely, ______Tenant Date

47 Samples of Landlord’s Letters to Tenant

(Commencement of Tenancy) Security Deposit Notice to Tenant

TO: ______FROM: ______

YOU ARE HEREBY NOTIFIED THAT: The security deposit required of you will be deposited in the following regulated financial institution:

SURETY BOND (If the landlord has deposited a surety bond to secure deposits, complete the following): The surety on the bond deposited with the Secretary of State is:

Show name and address of surety company, NOT the insurance agent who signs bond for surety company. “YOU MUST NOTIFY YOUR LANDLORD IN WRITING WITHIN FOUR (4) DAYS AFTER YOU MOVE OF A FORWARDING ADDRESS WHERE YOU CAN BE REACHED AND WHERE YOU WILL RECEIVE MAIL; OTHERWISE YOUR LANDLORD SHALL BE RELIEVED OF SENDING YOU AN ITEMIZED LIST OF DAMAGES AND THE PENALTIES ADHERENT TO THAT FAILURE.” Sincerely, ______Landlord Date

Landlord’s Response to Tenant’s Request for Repair(s)

TO: ______FROM: ______In response to your letter dated ______requesting repair of the rental property you are occupying, please be advised that I have contacted a service representative, ______, who should be calling you within the next few days to set up an appointment to accomplish the following repairs: 1. ____________2. ____________3. ____________If you do not hear from the service representative within one week, please let me know so that I can make other arrangements. If you have any questions, please contact me at ______. Sincerely, ______Landlord Date

48 Samples of Landlord’s Letters to Tenant

Insufficient Notice Letter

TO: ______FROM: ______We acknowledge with regret your letter dated ______advising us of your intent to vacate the rental property located at ______on or before ______. Your lease agreement requires a ______-day written notice. Under the circumstances, we will hold you responsible for the payment of rent through ______, or until such time in the interim when another acceptable tenant leases the property. If you have any questions, please contact me at ______. Sincerely, ______Landlord Date

(Termination of Tenancy) Landlord’s Notice to Tenant of Damages Assessed Against Security Deposit

TO: ______FROM: ______YOU MUST RESPOND TO THIS NOTICE BY MAIL WITHIN 7 DAYS AFTER RECEIPT OF SAME, OTHERWISE YOU WILL FORFEIT THE AMOUNT CLAIMED FOR DAMAGES. On this date, ______, your occupancy of the rental property located at ______terminated. As required under Michigan law, this notice is provided to you to advise you of charges against your security deposit: Description of Damage or Estimated Amount Charged Other Obligation Charged Cost of Against Against Security Deposit Repair(s) Security Deposit Reason for Charge Against Security Deposit

Under Michigan law, a security deposit may be used only for the following purposes: (1) actual damages to the rental unit that are a direct result of conduct not reasonably expected in the normal course of habitation of a dwelling; (2) all rent in arrearage under the lease agreement and rent due for premature termination of the lease agreement; and (3) unpaid utility bills. None of these charges were claimed on a previous termination inventory checklist. After totaling all charges lawfully assessed against your security deposit, a deduction of $______, a balance remains in the amount of $______. A check or money order for the remaining balance is enclosed. Sincerely, ______Landlord Date

49 Approved Court Forms

The forms on pages 51-66 are prepared and approved by the Michigan State Court Administrative Office. They are also available (fees may apply) from local district courts and various landlord or tenant associations. For additional forms and information visit the Michigan State Court Administrative Office on the web at courts.mi.gov/scao.

AFFIDAVIT AND CLAIM, Small Claims Form DC 84 ...... 51-52

NOTICE TO QUIT TO RECOVER POSSESSION OF PROPERTY, Landlord-Tenant Form DC 100c ...... 53-54

COMPLAINT TO RECOVER POSSESSION OF PROPERTY Form DC 102c ...... 55

DEMAND FOR POSSESSION, NONPAYMENT OF RENT, Landlord-Tenant Form DC 100a ...... 56-57

COMPLAINT, NONPAYMENT OF RENT, Landlord-Tenant Form DC 102a ...... 58

SUMMONS, LANDLORD-TENANT/LAND CONTRACT Form DC 104 ...... 59-61

JUDGMENT, LANDLORD-TENANT Form DC 105 ...... 62

APPLICATION AND ORDER OF EVICTION, Landlord-Tenant/Land Contract Form DC 107 ...... 63-64

50 Original - Court (with instructions) 2nd copy - Plaintiff (with instructions) Approved, SCAO 1st copy - Defendant (with instructions) 3rd copy - Return (with proof of service) STATE OF MICHIGAN CASE NO. JUDICIAL DISTRICT AFFIDAVIT AND CLAIM Small Claims

Court address Court telephone no.

See additional notice and instructions on the back of plaintiff and defendant copies. NOTICE OF HEARING 1. For Court Use Only Plaintiff The plaintiff and the defendant must be in court on Address

City, state, zip Telephone no. Day Date 2. at at the court address above. Defendant Time . Address Location Fee paid: $ City, state, zip Telephone no. Process server’s name

3. A civil action between these parties or other parties arising out of the transaction or occurrence alleged in this complaint has been previously filed in this court Court. It was given case number and assigned to Judge . The action remains is no longer pending.

4. I have knowledge or belief about all the facts stated in this affidavit and I am the plaintiff or his/her guardian, conservator, or next friend. a partner. a full-time employee of the plaintiff.

5. The plaintiff is an individual. a partnership. a corporation. a sole proprietor. .

6. The defendant is an individual. a partnership. a corporation. a sole proprietor. .

7. The date(s) the claim arose is/are . Attach separate sheets if necessary 8. Amount of money claimed is $ . (Note: Plaintiff’s costs are determined by the court and awarded as appropriate.

They are not part of the amount claimed.) 9. The reasons for the claim are:

10. The plaintiff understands and accepts that the claim is limited to $6,000 by law and that the plaintiff gives up the rights to (a) recover more than this limit, (b) an attorney, (c) a jury trial, and (d) appeal the judge’s decision.

11. I believe the defendant is is not mentally competent. I believe the defendant is is not 18 years or older.

12. I do not know whether the defendant is in the military service. The defendant is not in the military service. The defendant is in the military service.

Signature Subscribed and sworn to before me on , County, Michigan.

My commission expires: Signature: Date Deputy clerk/Notary public Notary public, State of Michigan, County of

The defendant(s) must be served by . Expiration date

DC 84 (6/19) AFFIDAVIT AND CLAIM, Small Claims MCL 600.8401 et seq., MCR 4.302, MCR 4.303, 50 USC 3931

51 AFFIDAVIT AND CLAIM Small Claims Case No. PROOF OF SERVICE TO PROCESS SERVER: You are to serve this affidavit and claim no later than 7 days before the hearing date. You must make and file your return with the court clerk. If you are unable to complete service, you must return this original and all copies to the court clerk. CERTIFICATE / AFFIDAVIT OF SERVICE / NONSERVICE OFFICER CERTIFICATE OR AFFIDAVIT OF PROCESS SERVER I certify that I am a sheriff, deputy sheriff, bailiff, or Being first duly sworn, I state that I am a legally competent appointed court officer (MCR 2.104[A][2]), and adult who is not a party or an officer of a corporate party, that: (notarization not required) and that: (notarization required)

I served personally a copy of the affidavit and claim, I served by registered or certified mail (copy of return receipt attached) a copy of the affidavit and claim.

together with , on the defendant(s): Attachment

Defendant name Complete address of service Day, date, time

Defendant name Complete address of service Day, date, time

Defendant name Complete address of service Day, date, time

I have personally attempted to serve the affidavit and claim, together with any attachments on the following defendant(s) and have been unable to complete service.

Defendant name Complete address of service Day, date, time

Defendant name Complete address of service Day, date, time

Defendant name Complete address of service Day, date, time

I declare that the statements above are true to the best of my information, knowledge, and belief.

Service fee Miles traveled Fee Signature $ $ Incorrect address fee Miles traveled Fee TOTAL FEE Name (type or print) $ $ $ Title

Subscribed and sworn to before me on , County, Michigan. Date My commission expires: Signature: Date Deputy court clerk/Notary public Notary public, State of Michigan, County of

ACKNOWLEDGMENT OF SERVICE

I acknowledge that I have received service of the affidavit and claim, together with Attachment on Day, date, time on behalf of Signature

MCR 2.105

52 Approved, SCAO STATE OF MICHIGAN NOTICE TO QUIT TO RECOVER POSSESSION OF PROPERTY Landlord-Tenant

┌ ┐ TO:

└ ┘

1. Your landlord/landlady, , is seeking to recover possession of property pursuant to Name (type or print) MCL 554.134(1) or (3) (see other side) other: and wants to evict you from:

Address or description of premises rented (if different from mailing address):

2. You must move by or your landlord/landlady may take you to court to evict you. Date (*see note) 3. If your landlord/landlady takes you to court to evict you, you will have the opportunity to present reasons why you believe you should not be evicted.

4. If you believe you have a good reason why you should not be evicted, you may have a lawyer advise you. Call him or her soon.

Date

Signature of owner of premises or agent

Address

City, state, zip Telephone no. *NOTE: Unless otherwise allowed by law, the landlord/landlady must give notice equal in time to at least one rental period.

CERTIFICATE OF SERVICE

I certify that on I served this notice on Date Name by delivering it personally to the person in possession. delivering it on the premises to a member of his/her family or household or an employee of suitable age and discretion with a request that it be delivered to the person in possession. first-class mail addressed to the person in possession. electronic service to the person in possession (who has consented in writing to such service) at the following electronic service address: .

Signature

Court copy (to be copied, if necessary, to attach to the complaint)

DC 100c (6/19) NOTICE TO QUIT TO RECOVER POSSESSION OF PROPERTY, Landlord-Tenant MCL 600.5714(1)(c)(iii), (e)

53 Approved, SCAO STATE OF MICHIGAN NOTICE TO QUIT TO RECOVER POSSESSION OF PROPERTY Landlord-Tenant

┌ ┐ TO:

└ ┘

1. Your landlord/landlady, , is seeking to recover possession of property pursuant to Name (type or print) MCL 554.134(1) or (3) (see other side) other: and wants to evict you from:

Address or description of premises rented (if different from mailing address):

2. You must move by or your landlord/landlady may take you to court to evict you. Date (*see note) 3. If your landlord/landlady takes you to court to evict you, you will have the opportunity to present reasons why you believe you should not be evicted.

4. If you believe you have a good reason why you should not be evicted, you may have a lawyer advise you. Call him or her soon.

Date

Signature of owner of premises or agent

Address

City, state, zip Telephone no. *NOTE: Unless otherwise allowed by law, the landlord/landlady must give notice equal in time to at least one rental period.

HOW TO GET LEGAL HELP 1. Call your own lawyer.

2. If you do not have an attorney but have money to retain one, you may locate an attorney through the State Bar of Michigan Lawyer Referral Service at 1-800-968-0738 or through a local lawyer referral service. Lawyer referral services should be listed in the yellow pages of your telephone directory or you can find a local lawyer referral service at www.michbar.org.

3. If you do not have an attorney and cannot pay for legal help, you may qualify for assistance through a local legal aid office. Legal aid offices should be listed in the yellow pages of your telephone directory or you can find a local legal aid office at www.michiganlegalhelp.org. If you do not have Internet access at home, you can access the Internet at your local library.

Tenant’s copy

DC 100c (6/19) NOTICE TO QUIT TO RECOVER POSSESSION OF PROPERTY, Landlord-Tenant MCL 600.5714(1)(c)(iii), (e)

54 Original - Court 2nd copy - Mailing Approved, SCAO 1st copy - Tenant 3rd copy - Landlord STATE OF MICHIGAN CASE NO. JUDICIAL DISTRICT COMPLAINT TO RECOVER POSSESSION OF PROPERTY

Court address Court telephone no.

Plaintiff name(s), address(es), and telephone no(s). Defendant name(s), and address(es)

v

Plaintiff’s attorney, bar no., address, and telephone no.

The plaintiff states: 1. There is no other pending or resolved civil action arising out of the same transaction or occurrence alleged in this complaint. A civil action between these parties or other parties arising out of the transaction or occurrence alleged in this complaint has been previously filed in Court. The docket number and assigned judge are . The action remains is no longer pending. 2. Attached to this complaint is a copy of the lease or occupancy agreement, if any, under which possession is claimed, and a copy of the notice to quit or demand for possession, if any, showing when and how it was served.

3. The person entitled to possession of the property described in the attached notice/demand as follows:

is . Name (type or print) 4. The defendant is in possession of the following portion of the property:

5. The plaintiff has a right to possession of the property because: a. lease expired on . b. tenancy was terminated by notice to quit.

c. lease terminated per provision in lease (para. no. ) d. defendant is a trespasser. Explain in space beneath item f. e. forcible entry was made or possession was held by force after a peaceful entry. f. other:

Describe in detail how the trespass occurred on how the premises are being illegally held. State that no lawful tenancy existed between the parties in the time that has passed since the trespasser took possession. Use a separate sheet of paper if needed.

6. The tenancy involves regulated housing operated by or under rules of a governmental unit. The rule or law under which the tenancy is ended is . 7. The plaintiff declares that this residential property was kept fit for the use intended and has been kept in reasonable repair during the term of the lease. 8. The defendant remains in possession of the property. 9. The plaintiff requests a judgment of possession and costs. NOTE: If you wish to demand a jury trial, you must file a jury demand (MC 22).

SUPPLEMENTAL COMPLAINT

10. Complaint is made and judgment is sought for money damages against the defendant as follows: Use a separate sheet of paper if needed.

Date Plaintiff/Attorney signature DC 102c (12/19) COMPLAINT TO RECOVER POSSESSION OF PROPERTY MCL 600.5714, MCR 2.113(C), MCR 4.201(B)

55 Approved, SCAO STATE OF MICHIGAN DEMAND FOR POSSESSION NONPAYMENT OF RENT Landlord-Tenant

To: ┌ ┐ Notice to mobile home owners who rent land in a mobile home park:

If you have been late on payments on three or more occasions during any 12-month period and the park owner has given you a written demand for possession for nonpayment of rent on each occasion, the park owner may have └ ┘ just cause to evict you.

1. Your landlord/landlady, , says that you owe $ rent: Name (type or print)

Address or description of premises rented (if different from mailing address)

2. If you owe this rent, you must do one of the following within 7 days from the date this notice was served. a. Pay the rent owed. or b. Move out or vacate the premises. If you do not do one of the above, your landlord/landlady may take you to court to evict you. If you move out or vacate, you may still owe rent.

3. If your landlord/landlady takes you to court to evict you and if you have paid the rent, or if you believe there is a good reason why you do not owe the rent, you will have the opportunity to present the reasons why you believe you should not be evicted.

4. If you believe there is a good reason why you do not owe the rent claimed by your landlord/landlady, you can have a lawyer advise you. Call him or her soon.

Date

Signature of owner of premises or agent

Address

City, state, zip Telephone no.

CERTIFICATE OF SERVICE

I certify that on I served this notice on Date Name by delivering it personally to the person in possession. delivering it on the premises to a member of his/her family or household or an employee of suitable age and discretion with a request that it be delivered to the person in possession. first-class mail addressed to the person in possession. electronic service to the person in possession (who has consented in writing to such service) at the following electronic service address: .

Signature Court copy (to be copied, if necessary, to attach to the complaint) MCL 600.5714(1)(a), MCL 600.5716, DC 100a (6/19) DEMAND FOR POSSESSION, NONPAYMENT OF RENT, Landlord-Tenant MCL 600.5718, MCL 600.5775(2)(f)

56 Approved, SCAO STATE OF MICHIGAN DEMAND FOR POSSESSION NONPAYMENT OF RENT Landlord-Tenant

To: ┌ ┐ Notice to mobile home owners who rent land in a mobile home park:

If you have been late on payments on three or more occasions during any 12-month period and the park owner has given you a written demand for possession for nonpayment of rent on each occasion, the park owner may have └ ┘ just cause to evict you.

1. Your landlord/landlady, , says that you owe $ rent: Name (type or print)

Address or description of premises rented (if different from mailing address)

2. If you owe this rent, you must do one of the following within 7 days from the date this notice was served. a. Pay the rent owed. or b. Move out or vacate the premises. If you do not do one of the above, your landlord/landlady may take you to court to evict you. If you move out or vacate, you may still owe rent.

3. If your landlord/landlady takes you to court to evict you and if you have paid the rent, or if you believe there is a good reason why you do not owe the rent, you will have the opportunity to present the reasons why you believe you should not be evicted.

4. If you believe there is a good reason why you do not owe the rent claimed by your landlord/landlady, you can have a lawyer advise you. Call him or her soon.

Date

Signature of owner of premises or agent

Address

City, state, zip Telephone no. HOW TO GET LEGAL HELP

1. Call your own lawyer.

2. If you do not have an attorney but have money to retain one, you may locate an attorney through the State Bar of Michigan Lawyer Referral Service at 1-800-968-0738 or through a local lawyer referral service. Lawyer referral services should be listed in the yellow pages of your telephone directory or you can find a local lawyer referral service at www.michbar.org.

3. If you do not have an attorney and cannot pay for legal help, you may qualify for assistance through a local legal aid office. Legal aid offices should be listed in the yellow pages of your telephone directory or you can find a local legal aid office at www.michiganlegalhelp.org. If you do not have internet access at home, you can access the internet at your local library.

Tenant’s copy

MCL 600.5714(1)(a), MCL 600.5716, DC 100a (6/19) DEMAND FOR POSSESSION, NONPAYMENT OF RENT, Landlord-Tenant MCL 600.5718, MCL 600.5775(2)(f)

57 Original - Court 2nd copy - Mailing Approved, SCAO 1st copy - Tenant 3rd copy - Landlord STATE OF MICHIGAN CASE NO. JUDICIAL DISTRICT COMPLAINT NONPAYMENT OF RENT Landlord - Tenant

Court address Court telephone no.

Plaintiff name(s), address(es), and telephone no(s). Defendant name(s), and address(es)

v

Plaintiff’s attorney, bar no., address, and telephone no.

The plaintiff states: 1. There is no other pending or resolved civil action arising out of the same transaction or occurrence alleged in this complaint. A civil action between these parties or other parties arising out of the transaction or occurrence alleged in this complaint has been previously filed in Court. The docket number and assigned judge are . The action remains is no longer pending. 2. Attached to this complaint is a copy of the lease or occupancy agreement, if any, under which possession is claimed, and a copy of the demand for possession showing when and how it was served.

3. The person entitled to possession of the property described in the attached demand for possession is

. Name (type or print) 4. The defendant is in possession of the following portion of the property:

5. The plaintiff has a right to possession of the property for nonpayment of rent: a. Rental rate: $ per b. Payable on:

c. Rent is paid through d. Total rent due now is $

e. Other money is due: $ for and due by . 6. The tenancy involves regulated housing operated by or under rules of a governmental unit. The rule or law under which the tenancy is ended is . 7. (Must be checked unless modified by lease.) The plaintiff declares that this residential property was kept fit for the use intended and has been kept in reasonable repair during the term of the lease. 8. The defendant has not complied with the demands made. 9. The plaintiff requests a judgment of possession and costs. NOTE: If you wish to demand a jury trial, you must file a jury demand (MC 22). SUPPLEMENTAL COMPLAINT

10. Complaint is made and judgment is sought for money damages against the defendant as follows: Rent owing as set out in paragraph 5 above, plus additional rent at the rate of $ per until judgment, plus costs. Damages claimed:

Date Plaintiff/Attorney signature DC 102a (12/19) COMPLAINT, NONPAYMENT OF RENT, Landlord - Tenant MCL 600.5714, MCR 2.113(C), MCR 4.201(B)

58 Original - Court 1st copy - Tenant 3rd copy - Landlord/Landlady Approved, SCAO 2nd copy - Mailing 4th copy - Proof of service STATE OF MICHIGAN CASE NO. SUMMONS JUDICIAL DISTRICT Landlord-Tenant/Land Contract Court address Court telephone no.

Plaintiff’s name, address, and telephone no. Plaintiff’s attorney, bar no., address, and telephone no.

V If you require special accommodations to use the court Defendant’s name, address, and telephone no. because of a disability or if you require a foreign language interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements.

Rental unit eviction Land contract forfeiture

NOTICE TO THE DEFENDANT: In the name of the people of the State of Michigan you are notified: to recover possession, after land contract forfeiture, of 1. The plaintiff has filed a complaint against you and wants a money judgment for to evict you from Address or description of premises

2. You are summoned to be in the district court on at Day and date Time at the address above, at , courtroom . Location 3. You have the right to a jury trial. If you do not demand a jury trial and pay the required jury fee in your first defense response, you will lose this right. 4. If you are in district court on time, you will have an opportunity to give the reasons why you feel you should not be evicted. Bring witnesses, receipts, and other necessary papers with you. 5. If you are not in district court on time, you may be evicted without a trial and a money judgment may be entered against you.

Date Issued Court clerk

*The certificate of mailing applies to landlord-tenant cases only. This document must be sealed by the seal of the court. CERTIFICATE OF MAILING BY COURT* I certify that on this date I served a copy of this summons and the complaint and required attachments on the defendant(s) by first-class mail addressed to their last-known addresses as defined in MCR 2.107(C)(3).

Date Court clerk/officer CERTIFICATE OF MAILING BY PLAINTIFF* I certify that on this date I served a copy of this summons and the complaint and required attachments on the defendant(s) by first-class mail addressed to their last-known addresses as defined in MCR 2.107(C)(3). I have attached a receipt of mailing from the post office.

Date Plaintiff signature MCL 600.5735, DC 104 (6/17) SUMMONS, LANDLORD-TENANT/LAND CONTRACT MCR 2.102, MCR 4.201(C), MCR 4.202(E)

59 Original - Court 1st copy - Tenant 3rd copy - Landlord/Landlady Approved, SCAO 2nd copy - Mailing 4th copy - Proof of service STATE OF MICHIGAN CASE NO. SUMMONS JUDICIAL DISTRICT Landlord-Tenant/Land Contract Court address Court telephone no.

Plaintiff’s name, address, and telephone no. Plaintiff’s attorney, bar no., address, and telephone no.

V Defendant’s name, address, and telephone no.

Rental unit eviction Land contract forfeiture

NOTICE TO THE DEFENDANT: In the name of the people of the State of Michigan you are notified: to recover possession, after land contract forfeiture, of 1. The plaintiff has filed a complaint against you and wants a money judgment for to evict you from Address or description of premises

2. You are summoned to be in the district court on at Day and date Time at the address above, at , courtroom . Location 3. You have the right to a jury trial. If you do not demand a jury trial and pay the required jury fee in your first defense response, you will lose this right. 4. If you are in district court on time, you will have an opportunity to give the reasons why you feel you should not be evicted. Bring witnesses, receipts, and other necessary papers with you. 5. If you are not in district court on time, you may be evicted without a trial and a money judgment may be entered against you.

Date Issued Court clerk This document must be sealed by the seal of the court. HOW TO GET HELP

You have received an important legal document from a court. Your landlord is trying to evict you. This means you could lose your housing and you could owe your landlord money. It is important to respond to this quickly.

You may hire an attorney to help you answer the complaint and prepare defenses. If you cannot afford an attorney, you can get help at MichiganLegalHelp.org or you might qualify for assistance through a local legal aid office. If you do not have Internet access at home, you can access the Internet at your local library.

If you do not have an attorney, but have money to hire one, you can find an attorney through the State Bar of Michigan Lawyer Referral Service at 1-800-968-0738 or a local lawyer referral service at michbar.org.

If you require special accommodations to use the court because of a disability or if you require a foreign language interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements. Tenant’s Copy MCL 600.5735, DC 104 (6/17) SUMMONS, LANDLORD-TENANT/LAND CONTRACT MCR 2.102, MCR 4.201(C), MCR 4.202(E)

60

SUMMONS Landlord-Tenant/Land Contract PROOF OF SERVICE Case No.

TO PROCESS SERVER: You are to serve the summons, complaint, and attachment(s) as instructed. You must make and file your proof of service with the court clerk. If you are unable to complete service, you must return this original and all copies to the court clerk. CERTIFICATE / AFFIDAVIT OF SERVICE / NONSERVICE OFFICER CERTIFICATE OR AFFIDAVIT OF PROCESS SERVER I certify that I am a sheriff, deputy sheriff, bailiff, appointed Being first duly sworn, I state that I am a legally competent court officer, or attorney for a party (MCR 2.104[A][2]), and adult who is not a party or an officer of a corporate party, that: (notarization not required) and that: (notarization required)

PERSONAL SERVICE I have personally served a copy of the summons, complaint, and attachments on the defendant(s): Defendant’s name Complete address of service Day, date, time

Defendant’s name Complete address of service Day, date, time

SUBSTITUTED SERVICE (As to residential premises only.) Not being able to find the following named defendant(s),

, Name(s) on at at Date Time Place of service , I left the summons, complaint, and attachments at the current residence of defendant(s) with

, the of defendant(s), who is of Name State relationship suitable age. I explained the contents and requested delivery of the pleadings to the defendant(s).

NONSERVICE RETURN After diligent search and inquiry, I have been unable to find and serve the defendant(s). I have

made the following efforts at personal/substituted service:

SERVICE BY ATTACHMENT (Landlord-Tenant cases only.) I attached the pleadings on Date to the main entrance of the tenant’s dwelling unit in a secure manner.

I declare that the statements above are true to the best of my information, knowledge, and belief.

Service fee Miles traveled Fee Signature $ $

Incorrect address fee Miles traveled Fee TOTAL FEE Name (type or print) $ $ $

Title Subscribed and sworn to before me on , County, Michigan. Date My commission expires: Signature: Date Deputy clerk/Notary public Notary public, State of Michigan, County of

ACKNOWLEDGMENT OF SERVICE

I acknowledge that I have received service of the summons, complaint, and attachment(s) on . Date Signature: On behalf of:

61 Original - Court 2nd copy - Defendant Approved, SCAO 1st copy - Defendant 3rd copy - Plaintiff STATE OF MICHIGAN CASE NO. JUDICIAL DISTRICT JUDGMENT LANDLORD-TENANT

Court address Court telephone no.

Plaintiff Defendant v THE COURT FINDS: by hearing default* consent**

*For a defendant on active military duty, default judgment shall not be entered except as provided by the Servicemembers Civil Relief Act. POSSESSION JUDGMENT Plaintiff/Attorney Personal service 1.The plaintiff has a right to recover possession of the property. 2. There is now due to the plaintiff for nonpayment of rent and other money due under the lease: a. Rent to retain possession $ b. Other money due...... $ c. Costs...... $ Defendant/Attorney Personal service d. Total ...... $ 3. The defendant has a right to retain possession. IT IS ORDERED: 4. a. The plaintiff can apply for an order evicting the defendant if the defendant does not pay the plaintiff or the court the amount due in item 2d above or does not move out on or before . Date b. The plaintiff can apply for an order evicting the defendant if the defendant does not move out on or before . Date c. An immediate order of eviction shall be entered pursuant to MCL 600.5744(2). 5. The defendant may be liable for money damages after moving if additional rent is owed or if there is damage to the property. 6. Acceptance of partial payment of the total amount due in item 2d above will will not prevent the court from issuing an order evicting the defendant. 7. No money judgment is entered at this time. MONEY JUDGMENT 8. A possession judgment was previously entered. Damages $ 9. A money judgment, which will earn interest at statutory rates, is entered as follows: Costs $ Total $

10. THE COURT FURTHER ORDERS:

Date Judge Bar no. YOU ARE ADVISED that you may file a motion for a new trial, a motion to set aside a default judgment, or an appeal and appeal bond, which must comply with all court rules and must be filed in court by . You may want legal help. Date MCR 4.201(l) was explained to the parties.

CERTIFICATE OF MAILING: I certify that on this date I served a copy of **Approved: this judgment on the parties or their attorneys by first-class mail addressed to their last-known addresses as defined in MCR 2.107(C)(3). Date Plaintiff/Attorney

Date Defendant/Attorney Date Deputy clerk

DC 105 (6/17) JUDGMENT, LANDLORD-TENANT MCL 600.5744 , MCR 4.201(K)(1)(d)

62 Original - Officer return 2nd copy - Defendant Approved, SCAO 1st copy - Court 3rd copy - Plaintiff

STATE OF MICHIGAN APPLICATION AND ORDER OF EVICTION CASE NO. JUDICIAL DISTRICT Landlord-Tenant / Land Contract

Court address Court telephone no.

Plaintiff's name, address, and telephone no. Defendant's name(s) and address(es)

v

Plaintiff's attorney, bar no., address, and telephone no.

NOTE: An application may be required even though a APPLICATION request for an order of eviction is granted in the judgment. 1. On judgment was entered against the defendant(s) and the plaintiff was awarded Date possession of the following described property:

2. No payment has been made on the judgment or no rent has been received since the date of judgment, except the sum of

$ received under the following conditions:

3. The plaintiff has complied with the terms of the judgment.

4. The time stated in the judgment before an order of eviction can be issued has elapsed.

I declare that the statements above are true to the best of my information, knowledge, and belief.

Date Plaintiff/Attorney signature

ORDER OF EVICTION

IN THE NAME OF THE PEOPLE OF THE STATE OF MICHIGAN:

To the Court Officer: You are ordered to restore the plaintiff to, and put the plaintiff in, full possession of the premises.

Date issued Judge Bar no. NOTE: In tenancy cases, this order must be executed within 56 days of the issuance date.

MCL 600.5744, MCR 4.201(L), DC 107 (3/16) APPLICATION AND ORDER OF EVICTION, Landlord-Tenant / Land Contract MCR 4.202(K)

63 APPLICATION AND ORDER OF EVICTION

CASE NO.

RETURN

I certify and return that on I executed the order of eviction on the other side of this form Date by evicting Name(s) from the property, and I have restored the plaintiff to peaceful possession as ordered.

Date (Deputy) sheriff/Court officer/Bailiff

Service fee Miles traveled Fee $$ Incorrect address fee Miles traveled Fee TOTAL FEE $$$

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